Revisión sistemática exploratoria: la comprensión del conflicto por parte de la persona mediadora

Abstract

Trends in mediation and alternative dispute settlement methods have shifted toward recognition of understanding, empathy or trust as keys to predicting the success of the mediation process. This paper makes an in-depth analysis of mediators’ understanding of their parties’ grievances through a systematic exploratory review. The results reveal the presence of a series of attitudes and aptitudes, also cited in leading studies on the subject, which predict mediators’ capacity to understand the parties. Among these common factors, our study highlights the importance of recognition of the parties’ emotional involvement in the mediation dispute and, given this emotional charge, the use of caucuses as a means of fostering greater mediator attention, sensitivity and recognition. The paper outlines related recommendations and future areas for investigation.