Forum Mundial de Mediación - World Mediation Forum - Forum Mondial de Médiation
WB00948_.gif (8344 bytes)
FAMILY MEDIATION:DE-CONSTRUCTION of a COMPLEXITY by Marinés Suares

7.1: Mediation and its legal situation in Argentina

 
After a trial test performed at the Law Courts of the Federal Capital in Argentina by ten mediators who received cases coming from ten courts in the beginning, and which number was then increased to twenty, in October 1995 the law # 24573 was enacted and it was enforced from the 23rd April 1996. This law, that is applicable to the Federal Capital, rules mediations which are carried out as a compulsory previous step in estate trials. Mediators are drawn by lots at the start of the trial along with the judge that will be hearing the case.

Regarding the issue that we are studying, family disputes, at this moment we are waiting for the Law that will rule the proceedings for this special kind of mediation, within the frame of the judicial system. In the private arena, they have been in practice for many years, although their number is still scanty.

In mediation community centers of the Federal Capital and of the Province of Buenos Aires, especially at the venue in the town of Castelar, the ratio of family disputes to all cases that require this service is high.

In the province of Buenos Aires "Family Courts" have been set up and they have incorporated the figure of the "Counselor", who -among his/her tasks- is in charge of mediating. It is important to point out that the mediations that this Counselor carries out are different from those of the traditional mediator in the specific issue of confidenciality, because as the mediation is in this case within the courts, if the dispute is not settled at the first stage, what was stated during the mediation process will come out when the case goes to the lawsuit itself.

 
The Ministry of Justice, given the imminence of the enactment of the law that will rule the practice of mediation in disputes in families as a step previous to the lawsuit, has set up a specific training program, considering that a special training is needed, besides the basic one required for other kinds of mediations. This single fact shows that this kind of mediation is different from the others. These differences are due to the complexity of them and, thus, it is necessary for mediators to acquire other theoretical knowledge and others techniques.

Go to Worldwide
Back to Legal system
Bola_verde92E2.gif (963 bytes) Back to Home Page
Rizo_rojo9272.gif (285 bytes)Make Comments
How to Publish

WB00948_.gif (8344 bytes)

WB01585_.gif (1576 bytes)1.Why a...? WB01585_.gif (1576 bytes)  2. Contents WB01585_.gif (1576 bytes) 3. Mediating WB01585_.gif (1576 bytes) 4. Family WB01585_.gif (1576 bytes) 5. Railing
WB01585_.gif (1576 bytes)  6. Mediator WB01585_.gif (1576 bytes) 7. Legal System WB01585_.gif (1576 bytes)  8. Social System WB01585_.gif (1576 bytes) 9. Bibliography
WB00948_.gif (8344 bytes)
 
 Copyright:  
Forum Mundial de Mediación 
World Mediation Forum
Forum Mondial de Médiation
  F M M: fmmediac@lander.es
            Websmaster:misuares@ciudad.com.ar
This page hosted by  Geocities. 
Get your own free Home Page