Abstract

VIDAURRI, José Honorio Cárdenas  and  RODRIGUEZ, Mª de las Mercedes Rosa. PERSON-CENTRED MEDIATION: THE NEW ‘PERSONALIST-DELIBERATIVE’ METHODOLOGICAL APPROACH BASED ON THE PHILOSOPHY OF COMMUNITARIAN PERSONALISM. Revista Internacional CONSINTER de Direito [online]. 2023, n.16, pp.409-432.  Epub Dec 01, 2023. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00016.18.

Mediation is a procedural and deliberative justice that offers the parties the opportunity to resolve a conflict by themselves or with the help of a mediator, and reach, if necessary, agreements that end a dispute. The results of mediation, formalized by the parties as agreements, are directly enforceable before the courts if the parties do not voluntarily comply. However, in practice, to obtain this type of justice and successfully mediate through this procedural channel, it is necessary for the mediator and the parties to follow a certain methodology or approach. This approach includes various ways of conceptualizing the world, the conflict, and interpersonal relations. This article presents a new ‘personalist-deliberative’ approach and its conceptual framework. The approach is partly inspired by the foundations of communitarian personalism, and the aim is to identify the keys to an efficient mediation process. The result enables us to conclude that the individual is at the centre of mediation, and that the viability of a mediation procedure depends on an ability to cooperate and dialogue with others, as well as on the committed exercise of personal freedom for the common good.

Keywords : Mediation; justice; dialogue; person; freedom; community..

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