Conflict Resolution by Consensus in Roman Law: Historical Approach to Mediation
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Title
Conflict Resolution by Consensus in Roman Law: Historical Approach to MediationAuthor (s)
Date
2020Publisher
STS SCIENCE CENTRE, LTDISSN
2042-6402Bibliographic citation
LÁZARO GUILLAMÓN, Carmen. Conflict Resolution by Consensus in Roman Law: Historical Approach to Mediation. JEHL, 2020, vol. 11, p. 44.Type
info:eu-repo/semantics/articleVersion
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Abstract
Mediation is currently considered the new paradigm in conflict management, transformation and resolution. It is, indeed, a modern legal institution, but perhaps the Roman experience that serves as its foundations has ... [+]
Mediation is currently considered the new paradigm in conflict management, transformation and resolution. It is, indeed, a modern legal institution, but perhaps the Roman experience that serves as its foundations has been forgotten. In Roman law the parties could agree to end a dispute or prevent it from starting through transactio, that is, through consensus. It was the magistrate with iurisdictio who was in charge of leading or facilitating the management of that conflict, a competence that is reminiscent of that of today’s mediator. Thus, the essential interest of this work is the analysis of Roman legal sources and the reinterpretation that glossators carry out in order to offer the historical-legal iter of mediation. [-]
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