MEDIATION

AN ANALYSIS OF THE MULTIFORM PERFORMANCE OF PUBLIC ADMINISTRATION IN THE CONSENSUAL RESOLUTION OF CONFLICTS

Abstract

In recent years, the justice system has experienced significant expansion. Confined within rigid structures tied to the monopoly of state jurisdiction, it has been surprised by the emergence of various alternative methods for conflict resolution, among which mediation stands out. This research aims to understand how the flexibility of public administration’s role in the field of mediation contributes to a more horizontal relationship between the parties involved in negotiated solutions and, consequently, to the realization of rights. Thus, the guiding objective is to reveal the multifaceted role of public administration in the use/performance of mediation. Along this path, it is essential to study examples of how other countries have adopted this system, identify the constitutional principles that legitimize the adoption of consensual techniques within public administration, and examine its role as an enabler. Additionally, we must explore its role as a party and how it acts as a mediator in conflicts amenable to consensual resolution. To achieve these goals, this work employs the hypothetical-deductive method through qualitative bibliographic research, characterized by in-depth exploration of the study context and the interpretation of data in light of reality.