Mediation and its methods: a different way of managing conflict, between "ought" and "is"

Author/s Stefania Pellegrini
Publishing Year 2012 Issue 2012/3
Language Italian Pages 19 P. 69-87 File size 129 KB
DOI 10.3280/SD2012-003005
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The reform that introduced compulsory civil mediation in Italy has been received with a good deal of perplexity by both scholars and professionals. There are various reasons for this, ranging from the failure to take the elements that make mediation into a form of "social justice" into consideration to more technical and procedural issues. The article sets out to provide a critical view of the letter of the law, while acknowledging the significance of this form of justice, which is alternative to ordinary civil justice, whose problems it certainly neither can nor wants to solve.

Keywords: Civil justice - Mediation - Social justice - Compulsoriness

Stefania Pellegrini, La mediazione e le sue tecniche. Un diverso metodo di gestione del conflitto tra dover essere ed essere in "SOCIOLOGIA DEL DIRITTO " 3/2012, pp 69-87, DOI: 10.3280/SD2012-003005