Alternative measures to penal proceedings: mediation as an extrajudicial means of managing penal conflicts in the pre-procedural phase

Abstract

This article presents a study regarding the application of mediation to conflicts of penal nature in the pre-procedural phase as an adequate method of social pacification and alternative solution to criminal proceedings. The general objective consists of analyzing if mediation is an appropriate way to manage conflicts that can reverberate in the criminal harvest. An examination of this self-composition method in police focus is sought. It observes that the viability of a communication link between individuals through dialogue to the detriment of the litigation, especially at the beginning of a dispute, is an important extrajudicial mechanism that can avoid the outbreak of ineffective and exhausting criminal processes that, in the end, do not repair the wrongdoing brought upon the victim, do not promote social pacification, nor are able to respond to the transforming and restorative character of interpersonal relationships.