Overview

This book examines the political foundations of community mediation, exploring why citizens choose to resolve conflicts autonomously within their communities rather than relying on judicial decisions. It investigates how community mediation, led by mediators who are themselves members of the community, fosters social inclusion, accountability, and empowerment among conflicting parties. The text traces the roots of these practices to Roman amicitia and Greek philia, concepts of friendship that served as social bonds or “social cement” in classical society. By revisiting these traditions, the book analyzes their relevance as a political basis for contemporary approaches to conflict resolution, showing how ancient ideals of consensus, fraternity, and solidarity can inform modern mediation processes. Across its chapters, the book identifies the essential qualities of community mediators and their relationships with the parties involved, highlighting how these dynamics shape the credibility and acceptance of their interventions. It also outlines key categories—consensus, alterity, fraternity, solidarity, and time—as integral to the concept of friendship and demonstrates their connection to both mediation and jurisdiction. In addition, the work critically assesses the limitations of community mediation and questions whether its practice can consistently lead to the autonomization and accountability of participants. By bridging classical political philosophy and contemporary conflict resolution, this book offers a fresh perspective for scholars, practitioners, and policymakers interested in law, political theory, social inclusion, and alternative dispute resolution.

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9783032098726

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Author Information

Fabiana Marion Spengler is a Professor in the undergraduate and postgraduate (Master’s and Doctorate) Law programs at the University of Santa Cruz do Sul (UNISC), Brazil. She holds a Postdoctoral degree in Law from the Università degli Studi di Roma Tre (Italy), a Doctorate in Law from the University of Vale do Rio dos Sinos (UNISINOS), and a Master’s in Regional Development from UNISC. She leads the CNPq-certified research group Public Policies in Conflict Resolution, participates in the CUEMYC research network, and is a member of the international research group Dimensions of Human Rights (Instituto Jurídico Portucalense – IJP, Portugal). She coordinates numerous research and extension projects and is the author of several books and scientific articles. In addition to her academic contributions, she actively works as a mediator, with a strong focus on law, conflict resolution, and human rights.

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