1. 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 U niversity 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

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

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

4. 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”

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

6. 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

7. at the moment not managed or reduced 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 JUDICIAL SANCTION SYSTEM

8. 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

9. 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)

10. TABLE 1 Mother: «have you seen? Mark is having a difficult period. He doesn’t eat with pleasure from weeks….» Father: «…it’s because he is tired of YOUR persistence: you have to eat! Eat! Eat!! » Mother: «thinking ABOUT YOU, he wouldn’t stay in the kitchen with you more than five minutes » Father: «WITH ME he would eat, IF YOU would permit to the others to live! So he could do as he wishes!…» Mother: «you see! It’s impossible to speak with you! » TABLE 2 Mother: «have you seen? Mark is having a difficult period. He doesn’t eat with pleasure from weeks….» Father: «…it’s because he is tired of your persistence: you have to eat! Eat! Eat!! » Mother: «thinking about you, he wouldn’t stay in the kitchen with you more than five minutes » Father: «anyhow… I’ve seen too he is not eating so much from some week… at school.. what teachers are saying about?» Mother: «yes, we have to meet them to talk about him.. he says he is eating at school, but we have to listen them… MAY WE go there tomorrow? »

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

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

13. CONTACTSlabsalute.psicologia@unipd.it