RESOLUTIVE AND TRANSFORMATIVE MEDIATION: AN ANALYSIS OF THE PRECEPTS OF THE WORK “LA PROMESSA DE MEDIACIÓN”

Abstract

Conficts are undeniable, they are part of the daily lives of societies and relationships and need to be resolved in a socially acceptable way, not infrequently through State interference through the jurisdictional provision of its courts. There is also a constant search for alternative confict resolution. Finding ways to resolve conficts without requiring the involvement of the courts is an efort that has become recurrent in many countries, due to the perception that alternative ways can be faster, more efective and prevent the confict from becoming a barrier for the parties can live together again in the future, if they wish. In view of the above, this study was developed based on a review of the literature from the period 2018 to 2024, aiming to fnd studies on transformative mediation and its application in the most varied confict models. Furthermore, the book “The promise of mediation” was used as a reference base for the development of this study. The objective of the study is to demonstrate how transformative confict mediation can generate changes that go beyond just the efort to reach a legal decision. In recent decades, confict mediation has been defned as a confict management alternative through which a third party intervenes in a confict, voluntarily and non-coercively, in order to avoid possible destructive tendencies between the parties. More and more nations and legal systems have become interested in Confict Resolution Systems programs, with diferent models being developed. Transformative mediation is an alternative through which the eforts of those involved converge to defne an efective solution to the existing confict, however, it brings with it the search for pacifcation and possibility and construction of scenarios in which relationships are not destroyed in the end. of conficts.