Alternatives in the juridification of conflicts from Rome to present time

Abstract

We can see how in practice the current legal system causes certain dysfunctions generated by suffering. Its inability to give a satisfactory answer to the needs of the community is evidence of a crisis of legitimacy of the existing system. Therefore, alternatives to the juridification of conflicts are sought. The so called Restorative Practices, that have a long tradition have most recently been structured as a justice model, «Restorative Justice», use of which has advantages among the conflicting parties. This so-called Restorative Justice which has been established, usually used to resolve criminal conflicts, in a broader «restoration» perspective, suggests the possibility of incorporating restorative practices in the resolution of conflict, not only of this kind but also for everyday life situations, be it family, church, school, or other, since culturally there exist mechanisms in all countries that seek to resolve conflict in a nonviolent manner. However, the search for alternatives to the courts, must not replace the existing legal system, but must complement, humanize and rationalize it. Restorative Practices are defined as a philosophy or a movement oriented towards conciliation before the imposition of a sanction or remunerative penalty. In Spain, the alternative to the legal mechanism sis Mediation, introduced by family mediation in Law 15/2005 of 8th July, amending the Civil Code and the Code of Civil Procedure in terms of separation and divorce, and for the first time in civil procedure include specific rules that contain the submission of certain issues to mediation in family matters.