Mediation is a conflict resolution procedure alternative to the legal channel. Intervention in the conflict by an impartial third party fosters dialogue to achieve an agreement between the parties, in which there are never winners or losers. The parties use mediation completely voluntarily, as a way of avoiding a legal process.
What is mediation?
Tools to define and understand mediation, an alternative to the legal channel for conflict resolution.
Types of mediation
Mediation as a method of conflict resolution can be used in almost all spheres where there is a conflict. Nevertheless, there are some fields in which mediation has been strengthened. Next we detail some of the spheres in which mediation is applied more regularly.
Mediation in private law
Private law is a branch of law that regulates the interests and relations between individuals. It encompasses civil law, commercial law, private international law and labour law. Mediation is used in all these branches of private law, but we particularly emphasise its use in commercial affairs (conflicts that emerge in the business and labour sphere), civil affairs (breach of contracts, problems with property, and so on) and family affairs (conflicts deriving from separation, divorce, crisis of cohabitation, shared child custody, and so on).
Family mediation attempts to settle disputes arising among members of the same family. From breakups (separations - divorces) to parent-child relationships (shared custody) and other actions related to parenthood (successions, inheritances).
This mediation is an alternative to traditional penal justice. It is aimed at people affected by a crime and who have suffered the consequences, both victims and perpetrators.
Healthcare mediation is a conflict resolution method in the healthcare sphere, between healthcare professionals, between these professionals and the users, or between the users and the healthcare institution.
School mediation aims to teach harmonious relations between students and their peers, teachers and other members of the school environment.
Community mediation focuses on the resolution of neighbour and social conflicts, between people in the same neighbourhood, town, and so on.
Conflictology and mediation
Mediation is one of the many methods for intervening in conflict resolution. For its part, conflictology is a knowledge and skills set that allows understanding and intervention for peaceful conflict resolution. Therefore, mediation could be understood as an instrument of conflictology.
Mediation around the world
Representation of organizations and institutions, reference documents, legislation, etc., which can help us understand the impact of mediation in different regions such as Catalonia, Spain, Europe, the United States and Latin America.
Mediation in Catalonia
Mediation in Spain
Mediation in Europe
Mediation in the United States
Mediation in Latin America
Law and jurisprudence
Collection of key autonomous community, state and European community regulations on mediation. Not all these mediations have a specific regulatory framework for their application.
Supporting documentation about mediation
There are many periodical publications and books that deal with mediation from different perspectives.
Opinion and infomal publications
We now suggest some less academic material for you to explore the concept of mediation.