Mediation and conflict resolution
What is MEDIATION?
We could define it as a “voluntary conflict management or resolution or decision-making procedure, in which the parties request and accept the intervention of a professional, impartial, neutral mediator and / or mediators with no capacity to make decisions for them or impose the same, which assists them in order to favor communication channels and search for consensual agreements ”.
And the International MEDIATION ??
In the international sphere, mediation is a diplomatic means of dispute settlement. Unlike the jurisdictional media, the actors who resort to it retain their freedom of action and decision regarding the final solution to the conflict. In addition, the solution to it is embodied in a binding international agreement and this does not necessarily have to be based on international law, but may take into account all or part of elements of political opportunity. It is an active instrument: the international mediator does not limit himself to putting the parties in contact, but also participates, makes proposals and negotiates. It needs to be distinguished from so-called good offices – in which a third party brings the two international actors in contact in order for them to enter into diplomatic negotiations or provides a suitable occasion for negotiations – although both activities were originally codified in the same instruments. legal, the Hague Conventions of 1899 and 1907.(Revista de Mediación Número 8)