Introduction
Abraham Lincoln once said, “The probability of success in any undertaking should not deter us from supporting a cause we believe to be just.” This quote encapsulates the essence of the ongoing movement towards peaceful conflict resolution and access to justice in Mexico.
Two Branches of Justice
Justice can be categorized into two main branches: the adversarial or heterocompositive system, which operates in courts with judges and arbitrators; and the autocompositive or consensual system, which involves the parties directly involved in a conflict or dispute. These individuals, with the support of qualified professionals like mediators, manage, resolve, or prevent conflicts.
The Rise of Peaceful Mechanisms in Mexico
In contemporary Mexico, the adoption of peaceful conflict resolution mechanisms, particularly mediation, predates recent constitutional reforms in articles 17 (2008) and 73 (2017), as well as the controversial recent judicial reform. This movement began in federal entities in 1997 and has led to the development of a Mexican mediation system over more than two decades. The Ley General de Mecanismos Alternativos de Solución de Controversias (General Law of Alternative Mechanisms for Dispute Resolution), enacted in 2024, signifies a significant step forward, though it still lacks the complete legal framework for this system.
Urgency of Strengthening Access to Justice
In the current era of justice administration marked by a judicial reform accompanied by violations of the laic state – which has led to the commencement of functions for new judges, many without proper training or experience; the departure of highly qualified personnel; frivolous appointments in the Supreme Court, and hasty training for new judges – it is crucial to reinforce access to justice through mediation and other alternative dispute resolution mechanisms (MASC).
Amending the Constitution
To achieve this, it is essential to add an article to the constitution, drawing inspiration from Article 123, section A, which mandates parties to exhaust conciliatory means in labor disputes before resorting to courts. Similarly, parties involved in everyday justice matters should be required to attempt mediation or other MASC before initiating a lawsuit.
Benefits of Mediation and MASC
- Accessible language: Mediation and MASC use everyday language, making them more approachable.
- Flexible procedures: These mechanisms can adapt to specific circumstances and individuals.
- Preservation of relationships: Mediation helps maintain or improve relationships between parties instead of deteriorating them.
- Creative agreements: Mediation fosters innovative and tailored solutions.
- Control by parties: Parties maintain control over their interests and the process.
- Lower costs: Mediation and MASC are less expensive, time-consuming, and emotionally taxing compared to traditional litigation.
These features not only move away from traditional litigation-centric paradigms but also offer a realistic alternative to prevent judicial crises caused by judge and qualified personnel turnover.
Official Data Supporting Mediation
More than 90% of agreements resulting from mediation are successfully implemented, according to official data. This statistic underscores the effectiveness of mediation as a conflict resolution mechanism.
Conclusion
Strengthening access to justice through the expansion and consolidation of mediation and other MASC is vital in a society where conflict is commonplace. These mechanisms provide an ideal option for preventing, managing, and resolving disputes when they are reliable, efficient, timely, expeditious, and transparent.
By properly implementing these mechanisms, societies can mitigate distrust, reduce social tension, and prevent violence. Mexico stands to gain significantly by further strengthening and intensively utilizing mediation and MASC, promoting a culture of dialogue, consensus, and agreement across all social interaction spheres.
Author Information
X: @Phmergoldd
