In a world full of lies, the mouth that dares to speak the truth becomes the most oppressive weapon. Robin Williams
The Cabinet approved the Bill on “Procedural Efficiency Procedures for the Public Service of Justice”, which aims to give special importance to what they call adequate means of conflict resolution – MASC -.
Several groups expressed their dissatisfaction with the role assigned in this document to mediation processes. Therefore, it is not our intention to return to the subject, but to express our certain and absolute disagreement about the role of mediators and professionals, who in turn are professionals in areas known as pillars of the State, health and education .
Proof of this is its first article, where it is textually stated: “Legal assistance to the parties will be mandatory when an adequate means of conflict resolution is used, whether to comply with procedural requirements or we are faced with an alleged judicial referral, including in cases of conciliation or private mediation, provided that the conciliator or mediator is not a legal professional. This can be deciphered because when a doctor sees a patient, it is essential that a lawyer be present. No greater ambiguity can be offered than the legal system, which only aims to continue to prevent the free exercise of fundamental rights, especially as the free autonomy of the parties comes into force and we delve into self-defense and the free choice of professionals and profession.
The mediators’ university and professional training gives them the same basic legal knowledge to act as professionals in the field. If we analyze it ambiguously, we would have to say that those who lack basic knowledge in any of the other areas of BioPsicoSocial should train with science professionals, such as speech therapists, social workers, educators, psychologists, social educators, journalists, criminals, a doctor , a nurse and numerous other professionals with proficiency in areas that require the draft to be accompanied and supervised by a lawyer or attorney as required by the draft.
The lack of professional credibility resulting from this statement affects a large number of mediators whose main profession is scientific principles sanctioned by recognized research, their skepticism of values, their training and their mediation work carried out over many years. They are professionals, and many of them, with their good professional work, have contributed to the promotion and dissemination of mediation throughout the state. Not to mention the distortion that it adds to universities that also charge a master’s degree in mediation at a gold price, and as a deepening in the second cycle of our university education, the reform of degrees and their specializations will make masters. , inactive.
But, in addition to this lack of evaluation, there is also a complete lack of knowledge of what science means in the context of mediation and to what extent the careful training of people in the subject is essential for the success of the procedure. Emphasize that there is only one asset that is particularly protected and that is life, as explained in our penal legislation and in many jurisprudence. We no longer touch on the decisions of the Competition Court and on the reform of the University of Bologna. Monopolies and unequal treatment cannot be maintained without any cause or legitimacy unless people’s lives are at stake, as all occupations must be treated equally, let alone protected.
Mediation is a conflict management process that has its own characteristics and is distinct from other procedures used for this purpose in the judicial sphere, so it must be considered in itself a capitalized and unsupervised profession, as in the Anglo-Saxon region where one of the most Prestigious universities are located – so there is a diploma or master’s degree after diplomas. Mediation does not replace the judicial route where the conflict tries to resolve it in the light of the loss of two edges, but it is a process in which solutions to the conflict are sought by resorting to negotiation based on needs, interests or interests and not by force or pressure. It is based on the dynamics of interpersonal relationships of all participants in the mediation process, or in conflict management.
Through mediation, we find a conflict between two or more individuals involved in the different components of BioPsicoSocial, relating to the people involved, to the process and to the conflict itself. Therefore, the qualification of a professional mediator in this area of knowledge is essential. The emotional, motivational and psychosocial elements that influence people in a conflict emerge and determine their decisions.
Mediation professionals must master the tools that can address, analyze and overcome barriers that prevent mediation from reaching agreements. That is why it is necessary for mediators to have extensive training in the social areas – the sciences – to overcome the obstacles that prevent them from reaching solutions that generate temporary peace with permanent litigation, with personal and community psychosocial damage, and feeding parasitic occupations. Living only on conflict, they transform our courts into a long line of sufferers and unnecessary expenses of public administration.
We must, therefore, and we must cry out, that the activity of mediators cannot be limited, that they are highly qualified professionals, who are not lawyers, who must be protected, which increases the expenses of the accused and makes the judicial process unfeasible. – The existence of mediation by moral interests of parasitic professions whose objective is the legal monopoly and closing the doors of justice and free competition and in a mandatory way not for their work or par excellence.
To finish now, mediation aims to deregulate justice, simplify it, make it efficient and effective, give it the credit it lacks, put the resolution of its disputes in the hands of those affected and reduce costs, both for management and for those . It affects and reduces the personal, biological and psychosocial damage that occurs in people, in the family and in society. With this bill, ambiguity is on the table, it’s like when you get married, you do it without a lawyer and without a lawyer, without anyone starting to pay the bills, the dangerous thing happens when you get divorced, a mandatory lawyer and a lawyer and years of waiting, families suffer mainly the minors, only those who survive the conflict win without contributing anything to society or society.
