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Community Conflict Mediation

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This book examines the political foundations of community mediation, exploring why citizens choose to resolve conflicts autonomously within their communities rather than relying on judicial decisions. It investigates how community mediation, led by mediators who are themselves members of the community, fosters social inclusion, accountability, and empowerment among conflicting parties.

The text traces the roots of these practices to Roman amicitia and Greek philia, concepts of friendship that served as social bonds or “social cement” in classical society. By revisiting these traditions, the book analyzes their relevance as a political basis for contemporary approaches to conflict resolution, showing how ancient ideals of consensus, fraternity, and solidarity can inform modern mediation processes.

Across its chapters, the book identifies the essential qualities of community mediators and their relationships with the parties involved, highlighting how these dynamics shape the credibility and acceptance of their interventions. It also outlines key categories—consensus, alterity, fraternity, solidarity, and time—as integral to the concept of friendship and demonstrates their connection to both mediation and jurisdiction.

In addition, the work critically assesses the limitations of community mediation and questions whether its practice can consistently lead to the autonomization and accountability of participants. By bridging classical political philosophy and contemporary conflict resolution, this book offers a fresh perspective for scholars, practitioners, and policymakers interested in law, political theory, social inclusion, and alternative dispute resolution.

Inhaltsverzeichnis

Frontmatter
1. Introduction
Abstract
Contemporary society demands a new judicial model in response to the inefficiency of traditional conflict resolution methods. The judicial function, monopolised by the state, no longer provides answers to the conflictuality produced by our complex society, undergoing a crisis of effectiveness (quantitative, but primarily qualitative), which necessitates the search for alternatives.
Fabiana Marion Spengler
2. Between Philia, Amicitia and Friendship: Social Cement or Legal Rule?
Abstract
Friendship has been celebrated in prose and verse, it has given rise to tales, texts and legends. Always permeated by other feelings such as loyalty and trust, friendship is a strong relationship that is not born and does not persist through blood ties or kinship. In fact, it is the “least natural” of the emotional bonds that a human being possesses: the least instinctive, less organic, biological and gregarious, yet it is the most indispensable. The bond of friendship is not the result of a need nor an organic determination: it is born from preference and choice.
Fabiana Marion Spengler
3. The Political Game of Friend/Enemy Mediated by Fraternal Communication
Abstract
Currently, it is possible to question the importance and even the necessity of discussing fraternity. Moreover, the ability to relate fraternity to the theory and practice of politics has also been lost. Indeed, studying the relationship between fraternity and politics has never been considered an attractive topic. Freedom and equality often appear in this debate, but fraternity is always forgotten.
Fabiana Marion Spengler
4. Community and Communication: The Sharing of a Language Capable of Consensus?
Abstract
The aim of this chapter is to discuss the community, especially regarding its origin leading to its modern conception. To achieve the aforementioned objective, the guiding thread of the discussion will be the book Communitas. Origin and destiny of the community by Roberto Esposito (2006), whose main debate lies in the stitching together of the positions of some of the most distinguished contemporary thinkers on the community, its origin, the hypotheses in which it occurs as well as its (im)possibilities of realization.
Fabiana Marion Spengler
5. Community Mediation and the Mediator: Resolving Conflicts in a Non-State Community Space
Abstract
All current social relationships experience conflicts at some point. These conflicts, due to a variety of factors, including the distribution and development of social roles, the frantic pace imposed by the globalised economy, eand the ease of communication that—paradoxically—distances human beings and makes community ties artificial, have become more complex than those existing a few decades ago. Thus, it is observed that the current complexity of conflict is a contemporary feature seen in both global and local spheres.
Fabiana Marion Spengler
Titel
Community Conflict Mediation
Verfasst von
Fabiana Marion Spengler
Copyright-Jahr
2025
Electronic ISBN
978-3-032-09873-3
Print ISBN
978-3-032-09872-6
DOI
https://doi.org/10.1007/978-3-032-09873-3

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