El Acceso A La Justicia Y La Mediación: El Diálogo Como Fundamento Filosófico De La Mediación

Abstract

A complete judicial approach for mediation requires regulatory elements (judicial and ethical processes), as well as those other elements found in social and individual realities. To achieve this goal, an integrated and interdisciplinary legal approach must be combined with perspectives taken from the social sciences and philosophy. In this task, the question about which philosophical approaches reveal the essence of mediation must be asked. The answer helps us gain an understanding of mediation that goes beyond the regulatory structures. A proposal is made from the personalist philosophy of dialogue that conceives mediation as a dialectical and dialogical relational sphere. A knowledge of these para-regulatory elements is useful for parties in dispute who – with the help of a mediator – wish to use effective tools that facilitate a successful mediation.