Concepts and meanings through
1 Meaning of throughThe function of mediating, which plays what is (medium) or acts (the mediator) at an intermediate time of a process and makes possible the passage of an earlier to a later State.
In the field of law, represent both the legal conciliation and mediation methods of alternative dispute resolution, as a means of access to justice that prevents and relieves traditional administrative processes of the judiciary. Dialogue, respect, and the consensus for the task are based on democracy, social peace. Two of the most obvious differences between mediation and conciliation are that: 1) the mediator is governed by the principle of neutrality, seeking an agreement agreed upon and accepted by the parties, which continue to be the protagonists of the process, while the conciliator is governed by the principles of fairness and justice, and unilaterally decides an agreement that is accepted by the parties (the conciliator is the main protagonist of the process); (2) The agreement reached in a process of mediation is not legally binding on the parties (i.e., if the parties violate it, have no legal consequences), while the agreement reached through a process of conciliation, Yes has legal consequences, and failure to do so may result in a lawsuit process.
A benefit of this system clear is that there are greater possibilities for voluntary and collaborative implementation of the decision taken, compared to a ruling of a judge. In this sense, mediation decompresses the work of the courts, which will only intervene in case of not reaching an agreement.
2 Concept of mediationDirective 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters, in its article 3 defines mediation as a formal procedure, regardless of its name or designation, in which two or more parties to a dispute attempt to voluntarily achieve by themselves an agreement on the relationship of their dispute with the assistance of a mediator.
With this definition of mediation, we can list what are their characteristics and objectives that define it:
-To provide a neutral space.
-Facilitate or re-establish communication.
-Assist in the decision-making process.
-Minimize costs emotional and temporal, avoiding legal proceedings.
-Provide legal information and psychological and social guidance.
-The parties have the opportunity to be heard.
-Lets you vent emotions.
-The mediated parties have control over the process.
-Also, the parties have control over the results.
-It was reported perception of equity on the results.
-Providing aid and assistance in the exercise of the autonomy of the parties in conflict management.
-Assist the parties to create reasonable and feasible solutions to their problems.
-Modeling behavior for effective management of future disputes.
-Expand options in relation to formal judicial proceedings.
For the development of a mediation process, we must take into account what are the fundamental principles that govern it. These are the following:
-Voluntary. In principle, are parties to conflict who decide whether they want to or not to get involved in a mediation process. They can put an end to mediation as they wish, and the mediator may also do so when it deems that it is not possible to advance or that that conflict in particular requires some other form of resolution.
-Flexible procedure. Subject to compliance with fundamental principles related to the voluntary and confidentiality in mediation, the rules of procedure may apply with freedom.
-Confidentiality. One of the main objectives of the mediation process is to detect the interests of the parties and any other obstacle for attaining the agreement.The requirement of confidentiality is crucial for the success of the mediation, because it is the only way to achieve the multiple aspects of the conflict are exposed with sincerity.
-Respect for the law. Mediation may not be used to violate or fraudulently avoid its application.
-Contradictory debate. Fairness between the parties, ensuring a balanced among them intervention should strengthen.
-Good faith, cooperation and maintenance of respect between the parties.
-Self-determination. It requires the mediator to rely on the ability of the parties to reach a Community agreement.
-Neutrality. A mediator mediará only in those cases in that it can be kept neutral, clear considering the concept of impartiality to grant similar treatment to the parties, if it is unable to conduct the process for some reason, is obliged to retire.
There are several types or fields of mediation:
• Family mediation
• School mediation
• Intercultural and community
• Labor mediation
• Criminal mediation
• Health mediation.
3. Definition of throughUse the through Word regularly in our language and presents several references.
When we want to express that something took place, took place, i.e. came to fruition or realization by means of something, a strategy, a particular action, among other alternatives, we express it in terms of using. Laura brought to the party by lies that ensured that it was a special job that your boss had asked. Through a laparoscopy they detected the presence of the tumor.
In the field of music we find a reference to this word, given that through it and at the behest of a musical, through scale, will be the third musical note. It corresponds to a tonic chord. It is noteworthy that it stands as the most important as regards the mode of the scale in question, given that from it shall be determined if it is of one larger scale, or conversely, minor.
And another very common use that presents the word that we are discussing is to refer to a person who plays a role of mediator in two parties in dispute, for example, either who intercedes in favour of someone in a situation or cause.
The action of this function we know popularly as mediate and precisely it refers the intercession or order something in favour of another.
In situations where there are two or more parties that fail to agree is usual that we are faced with the dire need to carry out the action of mediating for so find a solution to the conflict and you can put an end to the discussion of the parties involved.
It should be noted that the person dealing with deploying the task of mediator must have a natural ability when it comes to temper the encounters that can occur between two individuals in full conflict and of course knowledge in the matter under discussion thus open road as quickly as possible towards the agreement.