Mediation As a Tool of the Human Being Acknowledgement

• Main Authors: Adriana Silva Maillart, Nelson Laginestra Junior
• Format: Article
• Language: Portuguese
• Published: Conselho Nacional de Pesquisa e Pós-graduação em Direito (CONPEDI) 2015-12-01
• Series: Revista de Formas Consensuais de Solução de Conflitos
• Subjects: Mediação, Gestão de conflito, Autonomia social
• Online Access: http://www.indexlaw.org/index.php/revistasolucoesconflitos/article/view/766

The goal of this article is to demonstrate that mediation don`t contemplate exclusively as purpose the resolution of conflicts; gets expanded to receive the aspect denominated as recognition of the human person in its anthropologic meaning, escaping from the mere legal definition of the owner of rights and obligations. The recognition of the other, adopted in the context of conflict management, contributes not only to the controversy back it up to the result of zero-sum resulting from the traditional concept of Justice, but also to individuals and  society  by  adopting  targeted  actions  for  mutual  understanding,  achieve  their independence, but also preserving interpersonal and social relations, in the true sense of co- existential justice. It is an exploratory article, which employ bibliographic research technique and social analysis of Law and also the systemic method of approach.