From ilusion of normativism to mediation as an instrument of social pacification

Abstract

This work deals with the study of mediation as an instrument of social pacification in face of paradigms involving conflict resolution. Firstly, the paper shows the exhaustion of the judicial function of the state and of problems involving the access to justice. Highlight, in this context, the transition of self defense to jurisdiction, the "waves" of access to justice and the various means of resolution of conflicts such arbitration and negotiation which comprises conciliation and mediation. After, the work addresses the mediation through the prism of its genesis, concept, object, legal nature, objectives and principles. It highlights the figure of mediator in the mediation process in view of its main features as well as ethical principles that guide all its work. Lastly, it is observed the mediation as an instrument of social pacification that raises awareness on people about the possibility that they have in solve their conflicts with responsability, working effectively in society through citizenship, solidarity, respect and love of neighbor.