Facilitación de escenarios colaborativos para la mediación en contextos legalesimportancia de los procesos psicociales

Resumo

The present work is intended as a framework for reflection about the recognition of mediation as a resource for managing out-of-court legal conflicts. It focuses also on the role of the mediator as a professional who knows how to establish cooperation between the disputing factions as part of his/her professional skills,. The legal management of conflicts in our socio-cultural environment is characterized by the widespread use of a confrontational approach to conflict management and to its resolution. Thus, it is necessary to be aware of the obstacles and psychosocial handicaps that influence the perception of conflicts in our society. The main objective is therefore to develop a multidisciplinary vision of the practice of the mediation, showing the difficulties for its implementation, especially within the group of legal practitioners, and drawing the desirable scenes to come to collaborative situations between the conflicting parties. To that end, apprehended human behaviours will be taken into account. Within the field of interpersonal relationships, there are some converging factors that affect the people's responses and / or reactions, and which have been extensively analyzed by experts. This binomial action-reaction can be very useful in the context of the management and resolution of conflicts.