THE MEDIATION IN THE DOMESTIC VIOLENCE AS A WAY OF NON-JURISDICTIONAL CONFLICT RESOLUTION IN SPAIN
Keywords:mediation, domestic violence, Criminal Law, conflicts settlement, mediation subjects
AbstractThe aim of this article is to expose, explain and examine the mediation in the domestic violence as a way to solve the problems without using the traditional methods as the court. Many countries trust and use already the mediation as a methods to solve to conflicts between people and even in the personal relationship with positives results. The EU, thought its Recommendation has adviced that the mediation it is a really good way that very country should use to sorted out the problems even when there is cases of domestic violence and family matters, reflecting that the society should have this tools to fix the problems without going always to the court. In order to research the objective and fulfill tasks set the research project, the applied methods during the research progress are the following: historical research, analytical, inductive, logical, systemical. Also the method of the analysis of literature, the comparative legal method and theoretical method of research to investigate, analyse and summarize information of publications. The methods chosen are very important in analysing the development of the differents resolutions of several international organizations and Conventions, that shows the way chosen throught the years about mediation. The logical and analytical method was used in order to study content of the different countries laws and its experiences how to solved problems with the mediation. The overall object of this article “The mediation in the domestic violence as a way non jurisdictional of resolution of conflicts” is to show that its possible to use another alternatives ways to solve the conflicts not just in the civil cases but also in criminal cases and specially in family. The main conclusion shows that, the mediation is a very useful tool in order to solve and to fix conflicts in many spheres as civil, http://dx.doi.org/10.17770/acj.v4i85.3668 business, family, in criminal cases, as in the violence domestic. The mediator must to have a training before starts the activities, like the specific program in Latvia for it. Thus, the E.U. is trying to convince the European states that the mediation as a method should be applied in every country helping the traditional ways to resolve conflicts.
See Nikolajs Jefimovs, in his article “Valuations of security measures: The peculiarities of the application of mediation in the area of resolving criminal legal conflicts”. Journal of Security and Sustainability Issues. ISSN 20297017. 2018, volume 8, number 1.
For example, GEMME (European Group of Magistrates for Mediation), in which there are currently more than 100judges and associate magistrates and other persons, juristsor professionals relevant to the world of mediation. On the CGPJ website there is a public and free-access thematic area, which can be consulted by any citizen, on this subject with the map of the courts from which family mediation services are offered.
ion No. (98) 1 of the Council of Europe onfamily mediation in paragraph 3.9.
See Nikolajs Jefimovs, 2017, “Towards conflicts’settlement: development of the meaning of mediation in the legal doctrine”. Journal of Security and Sustainability Issues, 6(4):665-672. http://doi.org/10.9770/jssi.2017.6.4 (11).
See chapter II of “Preventive measures for the resolution of disputes in criminal matters.” Criminal mediation in the field of gender violence has the time come to consider its prohibition? P. 145-162. Work carried out in the March of the research project of the national R + D + I Plan of the Ministry of Economy and Competitiveness (DER 2012-31549). The status of the victim.Proposals for the incorporation of European Union regulations.
See in its Article Penal Law magazine, ISSN 1576-9763, nº.26, 2009, pp. 2021 Criminal Law Magazine, ISSN 1576-9763, nº.26, 2009, Editorial VLex, Valencia.
Baron Vilar S. Penal Law Journal, ISSN 1576-9763, nº. 26,2009, pp. 25 and SS, Editorial VLex, Madrid.
Thus, Barona Vilar, S., “Criminal mediation as part of the system of penal guardianship in the 21st century. One more step towards resocialization and restorative justice”, in Criminal Law magazine, No. 26, January 2009, 11-53 and, of the same author, criminal mediation. Ed. Foundation, Ines and juridical regime, Valencia, 2011.
See Salvador Concepción R., Gender violence in Spain United Kingdom, France and Italy a global concept? P.136-161. Editorial Dyckinson, Madrid 2015.
See Nikolajs Jefimovs, in his article “Evaluations of security measures: The peculiarities of the application of mediation in the area of resolving criminal legal conflicts”. Journal of Security and Sustainability Issues. ISSN 20297017. 2018, volume 8, number 1.