Revista de Mediación
By Santiago Madrid Liras
By Antonio M. Lozano Martín, Javier Nistal Burón and Francisco Jiménez Bautista
This paper shows the results of the analysis of the «Dialogue Conflict Resolution Program», which has been implemented since 2008 in highly conflictive prisons in Spain, consisting in the introduction of mediation processes as a method to deal with the disputes arising among prison inmates, in order to reduce them and improve, as a result, the living environment in the general context of penitentiaries. To do that, a quantitative methodology was used, taking into account the data provided by both the «National Statistics Institute» and the «Directorate General of Penal Institutions»; this enabled us to conclude that the number of disputes has been, indeed, reduced.
By Cristina Argelich Comelles
The aim of this paper is to analyze the Mediations that originate or is produced after a succession process, particularly when a family business is involved. In this regard, different succession instruments will be studied, such as cautela socini, appointing trustees, mediation dispositions in wills, and will substitutes, as well as family genome and the role of Notaries in dispute resolution. Lastly, conflict resolution in family businesses is addressed by dealing with specific instruments such as Corporate Bylaws, Corporate Compliance and Family Protocol.
By Rafael Lafuente Sevilla and María Abigail Fernández González
In spite of the fact that legislation on mediation exists in our country, the use of ADR is clearly not widespread. This is due, in our opinion, to the absence of public policies that promote structural responses to create Conflict Resolution Public Centers for citizens to appropriately deal with dispute, on the basis of dialogue and understanding. At the same time, the Public Administration does not have a referral system in place so that disputes can be dealt with using appropriate mechanisms, except for a few pilot projects. For this reason, two structural proposals are made: the creation of Conflict Resolution Offices, set up jointly by different Public Administration instances in order to address conflict in an adequate, proximity and efficient way; and the implementation of an organized, flexible and efficient referral system to be used by Judicial Offices.
By Isabel Ximena González Ramírez and Bastián Ignacio Cuevas Campos
This article shows the importance of good management and use of techniques in family mediation processes, especially in the components of communication, participation, containment of emotions and attitudes consistent with public policies, which allows to optimize the quality indices of Family mediation, a public policy mechanism that is important in family law in Latin America. For which an experimental study was analysed that uses an innovative and validated empirical methodology of qualitative and quantitative type of evaluation of the quality of the family mediators tendered, used during the last seven years by the Ministry of Justice and Human Rights and some Chilean universities. Through which the use of mediating techniques of greater weight is evaluated, in each of the components that make up each stage of the mediation process -especially those of legitimization between the parties, paraphrasing, circular interventions and gender approach in mediation-; variables that have a greater influence on the quality of mediation processes in the area of family law.
By Luis Bodoque Gómez
In order to establish a correlation of ideas between philosophy and psychology, in relation to the study of the empathic cognitive capability to assume another person perspectives, the possibility is suggested that both the phenomenological intuition and the mental simulation should correspond to phenomena linked to this subtle reflex inferential process, which constantly completes a very limited direct perception capability on our part, that hypothetically fail to comply with the requirements of an psychophysical functioning of an enactive nature. It is also indicated that the appropriate way to operate with process, in order to assimilate approaches that are alternative to our own, would be to deploy it through revived personal evocations of biographical moments equivalent to the way in which the others are «located in the world», revealed through observed stereotypes, in relation to it. Lastly, it is noted that the resistance to accept certain behaviours as our own, generates problems in this regard.
By Óscar Daniel Franco Conforti
One of the fields in which conflict resolution is developing is the Internet where it will, no doubt, become one more tool used to transform conflicts in cases of cross-border disputes and also to achieve the execution of a cross-border agreement within the EU, regardless of the nature of the dispute, whether internet related or not. This article reviews the state of on-line mediation and further defines, according to the legal framework in Spain, what is meant by electronic mediation; also, this paper intends to become a significant resource for legal counsel, institutions, Online Dispute Resolution service providers, governments as well as those with a more academic interest. Undoubtedly, for those who work in the field of peace building and value technology as a tool of it, online dispute resolution is actually an indispensable resource.