University of Padova Italy General Psychology Department Masters

University of Padova, Italy General Psychology Department Master’s degree in Mediation as an operative tool within the penal, family and communitarian field MEDIATION AS INSTRUMENT TO MANAGE CONFLICTS: the generation of a third dialogical reality Authors: Elena Fogliata, Co-Authors: Erica Bagni, Gian Piero Turchi

JUDICIAL SYSTEM MEDIATION MECHANICISTIC PARADIGM THE REALITY IS UNIQUE AND FIXED NARRATIVISTIC PARADIGM THE REALITY IS A DISCOURSIVE CONFIGURATION GENERATED BY THE SPEAKERS

Transformation Globalization International, regional and local communities Multiplicity and variety of cultural references Possible conflicts intersection

Different cultural references and “personal” points of view Hang on toughts without space to thing to the others OWN reality discursively configured as “right” and “true” THE OTHER is “different” – “far” – “at fault”

AT THE PRESENT TIME IN ITALY resolution of the conflicts judicial sanction system REALITY: MECHANICISTIC PARADIGM static – unique – ratified CONFLICT: there is a cause – a guilty

JUDICIAL SANCTION SYSTEM EXPERT JUDGE • third party • external to the conflict • the parties delegate to it the solution of the conflict/controversy the content/cause-and-effect link are examined The intervention is on the effect, through the sanction The original condition of the reality is re-established

JUDICIAL SANCTION SYSTEM CRITICAL ASPECTS at the moment not managed or reduced excessive length of the prosecutions maintenance of the counterparties role repeated expenses both on an individual and social levels

ALTERNATIVE PROPOSAL founded on the methodological assumptions of the NARRATIVISTIC PARADIGM (Turchi et al 2000) REPARATIVE judicial system The reality is generated by the discursive practices process continuously in change the configurations are real when are generated pragmatic effects

REPARATIVE SYSTEM: THE MEDIATION EXPERT MEDIATOR • Shape external to the conflict • neutral • the dialogue between the parties is supported It interferes in the discursive process (reality) that closets the other in the position “OTHER THAN ME”, “different” (label) With the parties it drives a description of the other obtaining/highlighting discursive elements in common between the interlocutors (third reality)

TABLE 1 TABLE 2 Mother: «have you seen? Mark is having a difficult period. «have. He you doesn’t seen? eat Mark withispleasure having a from difficult week pe Father: «…it’s because he is tired of YOUR persistence: «…it’s youbecause have to he eat!is. Eat! tired. Eat!! of your » persistence Mother: «thinking ABOUT YOU, he wouldn’t stay in the «thinking kitchenabout with you, more he wouldn’t than fivestay minutes in the» k Father: «WITH ME he would eat, IF YOU would permit «anyhow… to the others I’ve to seen live!too Sohe heiscould not eating do as so he m Mother: «you see! It’s impossible to speak with you! » «yes, we have to meet them to talk about him

REPARATIVE SYSTEM: THE MEDIATION COUNTERPARTIES experts in the conflict they generated COMPETENCES to manage what they have generated MEDIATOR expert of the management of the discursive processes

MECHANICISTIC PARADIGM Sanction system JUDICIAL SYSTEM • NARRATIVISTIC PARADIGM Reparative system MEDIATION Reality unique and defined • • Reality is generated by discursive • Process is continuously in change Fixed order • Responsibility for the conflict man Punishment due to the violated order • The parties must manage the situa Conflict solution is delegated to a third, parties are passive • Attention is both to guilty and vict Attention focused on guilty • Expert has not power, mediator is • Counterparties role disappears Expert has decisional power • • Remains the counterparties role Reality is re-established • • • A third reality is generated

CONTACTS labsalute. psicologia@unipd. it