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Mundial de Mediación - World Mediation
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Mundial de Mediación - World Mediation
Forum - Forum Mondial de Médiation
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WORK:
The purpose of the people who have prepared this work is to inform about some Mediation Centres that operate in Buenos Aires City, Capital of Argentine Republic, that provide mediation to the population of low resources. Some of these Centres also develop private mediations and the prelegal mediations that have been established by the Public Lay 24573.
One of them belongs to the Law and Social Science Faculty of the University of Buenos Aires
This Faculty, that provides a theoretical and practical training to its students, offers a service to the whole community related to the area of knowledge that develops in fulfilment of the established rule of the bylaw that sets up the social function which must be satisfied by the University.
The Vocational Training Centre, which belongs to the Procedural Law and the Legal Practice Department, that is in charge of the organisation of consulting activities, the Legal Clinics and the Professional Practice achieve the double function. There are seventy-eight courses leaded by professors, with the category of Practical Work Leaders of different subjects.
As a result of these purposes and in fulfilment of the Mediation Public Law 24753, which came into force in April 1996, it has been put into practice a plan that assumes the Mediation in the legal cases concerning on the population of low resources.-
This service that is offered to the community of low resources, includes an interdisciplinary system for the treatment of these cases, grouping lawyers, psychologists, social assistants and workers. The whole activity is supervised by the Director of the Centre and The Director of the Department.
The mediation service offered by this institution is totally free and its main centre is addressed in the Court of Buenos Aires City, in which the Vocational Training Centre also works.
The mediation Centre is formed by ten professors that are registered at the Ministry of Justice as Mediators. They perform mediations and teaching functions. Students of the last year of lay intervene as assistants of lawyer in the mediation sessions as a previous deal between parts.
The practical education consists on the pursuit of the cases, in order to get the self - abilities of the professional interview, the registration of the data information and documentation provided by the clients and finally the subsequent study and discussion about the classification, legal analysis, procedural strategy and whether the case must be treated into mediation sessions. In this case, students go to these sessions together with the course leader according to the speciality of the case who signs the Confidential Agreement.
Most of the cases are related to family law, alimony, rule of visits, children guardianship, divorce, etc. They are also related to criminal law, for instance in the cases of unfulfilment of the familiar assistance duties, situations that are derived from the lease contract, ejection, contract expiration and non-payment of the rent.
Due to the large amount of mediation clients who arrive at this Centre
and in achievement of an agreement with the Public Notary College of Buenos
Aires City, some cases are derived to the Mediation Centre depending on
this College.
PUBLIC NOTARY COLLEGE OF BUENOS AIRES CITY.
One of the Mediation Centres belongs to this institution and was found in 1995. It has its main centre in the Public Notary College building. Its members share a teamwork that was found in the insides of this College and has been organised by a self-bylaw that regulates its specific activity.
The Centre groups Public notaries and lawyers that have been registered at the ministry of justice as mediators. Some of them are specialised in family subjects however the others are skilled in management. All of them are professional people who have been in training courses since 1992. These courses have been given in the main centre of the Public Notary College and have been organised together with the law and Social Science Faculty of the University of Buenos Aires, the Libra Foundation and the Ministry of Justice.
These mediations also have been developed in postgraded courses about Alternative Dispute Resolutions given by the lay and social Science Faculty and in training delivered in other countries, specially in the United States of America.
The idea was born after the creation of the General Arbitration and Mediation Tribunal which started developing at the beginning of 1988, due to an agreement signed by the Faculty and the College. This agreement established the ordinary labour of both institutions in order to get the suitable qualification of the law professionals, not only about the third level course , but also in their postgrade.
Successful teachers have been giving further training courses, seminars, lectures, and workshops in order to go deeply into the knowledge of the law to provide a better service to the community, about the law exercise and the notarial function.
In the development of this working-out task, the idea of the creation of the General Arbitration and Mediation Tribunal came out as a contribution to solve the hard work of the Judicial Power. The Tribunal put a the people service a list of arbiters composed by well-known and experienced professors. At the same time and like an advanced idea, the Tribunal introduced the mediation system as an alternative way to solve disputes this system has harvested the seeds of successful members of the Judicial Power about the knowledge, study and development of this alternative as a mean of solving disputes. This new knowledge gave rise to develop courses. Some of them took place at the College like a pilot experience, bases of the mediation that has been imposed like a previous requirement of the legal procedure.
These courses also made that some graduates feel like grouping in the insides of the Public Notary College in order to offer their mediation capacity. They have organised into an institutional structure that guaranteed a suitable service to the users. The result of his work, which is part of the assistantship that complete the formation of future mediators, has been appreciated in the Centre’s statistics. By the 25th March in 1997, it has been registered a forty-three percent of agreements, a five percent of disagreements, a fourteen percent of defaults and a thirty-eight percent in second or subsequent sessions.
Its present-day activity is varied. Firstly it develops private mediations. The potential clients get their first touch with the Centre through telephone calls. The service is Publicised in the media.
Secondly, some of its members, lawyers that has become working as public notaries, has settled their addresses in the Centre in order to share the legal list established by the Mediation Public Law. They receive the notifications of their appointments and then carry out the legal mediations in the Centre.
Thirdly, through an agreement the Mediation Centre belonged to the Ministry of Justice during the development of the pilot experience in Buenos Aires City it has been used the facilities and the equipment of the Centre of the Public Notary College, so as to perform part of the private mediations, without affecting the mediations in the main centre. These mediations were watched by lawyers in fulfilment of their assistantship, the last stage to get the registration as mediators.
Subsequently, the Centre finished its activities as a result of the end of the pilot experience stage and the coming into force of the Mediation Public Law 24573 in April 1996.
Nowadays, as it was mention, it offers the assistantship training which is the third level required to be a mediator. The assistantships are homologated by the Ministry of Justice.
The Centre of the College has a lobby and several rooms where private or joined sessions take place. One of these rooms is large and has got a wide screen or a monitor where groups of twenty-five assistants of lawyer can see the mediations (pre-signed of the Confidential Agreement ) by a closed-circuit television. Furthermore, the assistants can observe directly within the area where the mediation is developing.
The activities developed by the Centre form a wide experience
carried out by the Public Notary College of Buenos Aires City as
a contribution to the community. Its members join a teamwork which is
dedicated to the mediation in the insides of an intermediate institution.
They have worked together with the Law and Social Science Faculty
of the University of Buenos Aires, the Ministry of Justice, and the Judicial
Power since the beginning of the appliance of the alternative means to
solve disputes. It is sensitive to remind that the mediation system as
a previous stage to the legal procedure has lightened the resolutions of
several disputes that have harassed the Legal System.-
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