Bibliographic citations
Dueñas, C., (2015). Argumentos jurídicos y fácticos para la aplicación de la mediación como mecanismo alternativo de resolución de conflictos en el ordenamiento jurídico civil peruano. [Tesis, Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/203
Dueñas, C., Argumentos jurídicos y fácticos para la aplicación de la mediación como mecanismo alternativo de resolución de conflictos en el ordenamiento jurídico civil peruano. [Tesis]. : Universidad Andina del Cusco; 2015. https://hdl.handle.net/20.500.12557/203
@misc{renati/25595,
title = "Argumentos jurídicos y fácticos para la aplicación de la mediación como mecanismo alternativo de resolución de conflictos en el ordenamiento jurídico civil peruano.",
author = "Dueñas Mendoza, Carlos Alberto",
publisher = "Universidad Andina del Cusco",
year = "2015"
}
The present study develops in a structured way the legal and factual scope for the implementation of mediation as a legal institution for the resolution of a conflict of interest in civil matters; It is necessary to understand that, one of the core (and perhaps main) goals that mediation implies is the restoration of the personal relations between the parts based on a universal principle actors such as Social Peace, therefore, with this research, is unveiled, analytical way, the basic achievements regarding high problem-solving efficiency that can be achieved through mediation, as well as the social, economic and legal conditions in which develops, since in addition to being less burdensome, it is healthier (not only within the physical parameters, but also psychological), this, obviously in favour of the subject parts of a conflict of interest (civil). Another feature to consider in this research is limited to facilitating the development of the ordinary judicial system, this sustained at the end that, to establish and instituting mediation, in a system as imperfect as the Peruvian reality, would relieve congestion on the work of the judges of that traditional system, since how the reality shows it in other legal systems (which adopts to mediation as an alternative dispute resolution mechanism) for example Spanish, reduce case load procedural in ordinary courts, since there is a work by civilian judges, more neat, regular and effective, as they only deal with complex cases, which require more time and knowledge. Finally, having established the conditions or factual and legal aspects which underpin the application of mediation in Peru, critical analysis of the current judicial system, and how develops the eventual objectification of this institution (the mediation) would prove to be highly beneficial for the progress of our civil justice system; Subsequently, breaks down the analysis of interviews, and a series of conclusions and recommendations, the same which is suited to the national civil legal situation.
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