Identifier: TFG:564
Authors: Andreu Augé, Anna
Abstract:
The ending degree assignment is titled as “School mediation”. It sets off from law study, both theoretical as practical, of the school mediation. We thought it necessary to lead the division of the points that make the assignment with the description of introductory concepts; we have relied specifically on extrajudicial resolution institutions: conciliation, arbitration and mediation itself as a general concept. That way we can offer to the reader a basis to better understanding the assignment development. Next, we have conferred a legal framework vision which compounds mediation, describing each different area of application, from international to autonomic, to observe similarities, differences, contradictions and lack which exists between them. From this moment, we focus on school mediation, developing concepts, characteristics, values and its implantation at school centres. That last factor is where we have found the most and greatest contradictions, both legislatives and at practical functions. The most obvious example and the one which we have been the most critical is the student turned to mediator, as to become a mediator, according to Spanish and Catalan law, he must have a college degree and specific formation as a mediator, both of them targets that an under-aged cannot achieve. Finally, we have redacted the unsettled issues of mediation on school ambit which today would be appropriate to correct, both from legislator side and the school centres themselves. From our point of view, the most noteworthy is the need to achieve a specific legislation, avoiding then contradictions between different laws, fulfilling the lack they show, and reinforcing a relatively new structure which we can actually find built in most of the centres thanks to their multiple benefits.