3 The Organization of Mediations

Every mediation is a process organized according to a dynamic that requires a certain dispositive. We will examine the characteristics of mediation from the point of view of its organization.

3.1. Mediation and institution

We have previously seen that the “third” element involved in mediation may be an institution on which one of the parties calls.

The term institution, such as it is traditionally conceived, covers all the laws that govern a society, and the issue is to find out to which extent these arrangements are in keeping with the natural order, divine will or human nature (Borlandi 2005).

An institution is an organization with a goal and a system of rules that organize social life. It is characterized by perpetuation: educational institution, penitentiaries, etc. Justice has institutionalized mediation.

We can distinguish between two types of institutions: the institutions created by the state, such as the justice system or Parliament, among others, and the institutions that derive from the perpetuation of an event, such as the Lyon Dance Biennial or the Cannes Film Festival.

3.1.1. The spirit of institution

The term institution comes from the Latin term institutio, which means “that which is instituted, rule”. It is an organized structure that maintains a social state. This structure is founded on perpetuation.

An institution designates a social structure (or a system of social relations) that has a certain stability over time. An ...

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