Revista de Mediación
Volume 14 – 2021, Nº. 1
Index and Team
Mediation and Access to Justice in the Field of Disability
By Nerea Ortiz de Zarate Beitia
For people with disabilities, mediation is not only an alternative way to enjoy the right to justice in an accessible and efficient way but it is also a tool to promote their social integration. However, in this paper some aspects are presented, both normative and practical, that show how difficult it is for people with disabilities to enjoy the benefits of mediation. Even if the recent procedural and civil reforms promised to foster the use of mediation, this article aims at analyzing their contributions to the improvement of accessibility to mediation as well as the proposal of a set of recommendations in order to make this way of accessing justice more reachable.
Business Mediation and the Generational Succession in Family Companies
By Luis Lauro Herrera Bernal
The lack of communication in companies and the difficulty to maintain relationships between the business and the family, could generate both internal and external conflicts. In this paper, some of the conflicts that may be generated such as those related to the lack of organizational structure, of a Family Protocol and specifically those that are the result of the Generational Succession, will be mentioned. The goal is to introduce various ways of solving or preventing these events, avoiding the need for reaching the judicial power, but using alternative dispute resolution mechanisms. Also, the topic of the Culture of Peace is addressed, which, if properly implemented, facilitates and creates a healthy and an effective working environment.
Online Mediation in Covid-19 Times
By Adrián Carpio Miró
The state of emergency established by the Spanish State on March 14th, 2020, changed the course of the legal system and the ADR methods; more specifically that of the mediation. Due to the impossibility of face-to-face mediation, telework has opened the door to online mediation, a mode used before the COVID-19 pandemic to solve conflicts in e-commerce; since the pandemic, this mode has become a model for all fields of action.
In this paper, the advantages and disadvantages of online mediation will be presented. Likewise, the results of a survey conducted among mediators in the Autonomous Region of Catalonia will be shown in order to pinpoint the difficulties encountered by mediators since the beginning of the pandemic to this day. To conclude, based on the analysis of the responses obtained, an improvement proposal was made to be implemented at the Catalonia Mediation Centre in order to tackle the adversities pointed out by mediators.
Issues and Alternative Solutions to Courts Porceedings in the Field of Intellectual Property
By Carmen M. García-Trelles Fernández
This paper addresses the existing problems around the conflicts that emerge in the domain of Intellectual Property, especially those that are prone to vulnerability in a court proceeding. This is the reason why we aim at bringing together this category of controversies and the most appropriate alternative resolution procedures included in our legal system which are deeply rooted in comparative law. The paper also addresses how their use by the Intellectual Property Commission, or organizations such as WIPO - although at national level it is still very rearely used-, makes us opt for Mediation as the most appropriate process to respond to this type of disputes.
Mediation for Coexistence in Physical Education Classes
By Lázaro Lanier López Llerena
The present paper supports the need to train physical education teachers to mediate conflicts in class. Physical education and sports sessions in schools are spaces of strong interaction between children and adolescents, the cause of constant physical and verbal confrontations, teasing and bullying, situations that induce conflicts which are not always appropriately addressed by teachers of this specialty, as they do not rely on mediation tools. Although work is done to improve the technical and tactical aspects of physical exercise among the physical culture and sport professionals, it is important to prepare pedagogues able to mediate in conflict situations, a specialist who promotes the pedagogy of coexistence in the class through mediation, generates spaces for understanding and forms citizens committed to peace.