Description
Mediation is Cordial Justice - Vol. I
Book Summary
In a social context where the judicialization of conflicts has become the norm, this work proposes a paradigm shift toward a more human and dialogical justice. The author explores the philosophical foundations of mediation based on the thought of John Rawls and Emmanuel Mounier, to defend its positioning as a form of cordial justice. The book not only constructs a solid theoretical framework but also connects with professional practice, reviewing the main schools and methodologies. An essential read for those seeking to understand mediation as an authentic alternative for conflict resolution.
What is it about?
The work addresses mediation from a dual perspective: theoretical and practical. First, the author reflects on the reasons that explain mediation based on the theory of justice by American philosopher John Rawls and the communitarian personalist thought of the Frenchman Emmanuel Mounier. From this analysis, it is concluded that there is a need to consider mediation as a category of justice, specifically as a cordial justice.
The book maintains that mediation has not yet reached its full legal construction and that, to achieve this, interdisciplinary collaboration between law and other social sciences is essential. With original contributions, it helps to elaborate the theoretical construct of mediation, providing it with a more solid legal framework.
Likewise, it is highlighted that theory and practice go hand in hand: the theoretical foundations converge with the contributions of different social disciplines, while professional practice constitutes the main source for its conceptual development. The book reviews the different schools and methodologies for the practice of mediation, presenting the new paradigm of deliberative justice as the justice of the 21st century.
Main Topics
- Philosophical foundations of mediation based on the thought of John Rawls and Emmanuel Mounier
- Mediation as a category of cordial justice in the face of excessive judicial litigation
- Need for interdisciplinary collaboration between law and social sciences
- Full legal construction of mediation and its theoretical framework
- Schools and methodologies for the professional practice of mediation
- The paradigm of deliberative justice as a 21st-century model
Who is it recommended for?
This book is aimed at legal professionals, mediators, lawyers, judges, and students of legal and social sciences interested in delving into the theoretical and practical foundations of mediation. It is also highly useful for philosophers, sociologists, and anyone seeking to understand alternatives to the judicialization of conflicts from a humanistic and dialogical perspective.
What this book contributes
- An original and well-founded definition of mediation as cordial justice, which expands its understanding beyond the merely technical.
- A rigorous analysis of the philosophical pillars that support mediation, integrating the thought of Rawls and Mounier.
- Keys to advancing the full legal construction of mediation, with interdisciplinary proposals.
- A complete vision that connects theory with practice, reviewing the main schools and professional methodologies.
- Conceptual tools to position mediation as a real and necessary alternative in 21st-century justice.
Technical Specifications
- Author: Rosa Rodríguez, Mª de las Mercedes
- Publisher: PUNTO ROJO EDITORIAL
- Language: Spanish
- Topic: ARBITRATION, MEDIATION AND OTHER RESOLUTION METHODS
- Collection: PUNTO ROJO LIBROS
- Binding: Paperback
- Edition date: December 2025
- Number of pages: 156
- Weight: 240 g
Editorial Review
This work offers an original and necessary contribution to the debate on mediation as a form of justice. Its interdisciplinary approach, which combines philosophy, law, and professional practice, makes it a valuable resource for both academics and professionals in the sector. The clarity with which the author explains the theoretical foundations and links them to daily practice facilitates their understanding and application. It is a recommended read for those who wish to delve into the paradigm of deliberative justice and the construction of a more solid legal framework for mediation.