La mediación es justicia. Fundamentos filosóficos y nuevas metodologías.El enfoque «personalista-deliberativo

Resumo

The growing interest in mediation in our society largely stems from its potential as an instrument for overcoming the structural insufficiencies suffered by the public administration of justice system – and so contributes to its sustainability and operational efficiency. Mediation is described as an alternative or complementary method of conflict resolution and is grouped with other auxiliary means that improve the functioning of the administration of justice. However, as knowledge of mediation increases and its implementation in society grows (albeit very slowly), it is necessary to vindicate its value as a method of doing justice that differs from the judicial route.Mediation is linked to justice because it assists or complements the administration of justice, and because it a private and self-compositive justice. The legal path of the development of mediation in the European Union, even before its inception in the Maastricht and Amsterdam Treaties, configures mediation and includes it within the «european area of justice»..