Límites de la mediación en materia de niñez y derechos de familia

Abstract

This research aimed to identify the limitations of mediation in matters of children and family rights, specifically regarding negotiable and non-negotiable rights, in order to understand its importance and how to recognize mediation as a means of resolving certain types of conflicts despite these limitations. It also highlighted the importance of understanding the risks involved in mediating matters that are, a priori, non-negotiable. While mediation is useful in the country, certain inherent limitations cannot be changed. The goal is to guarantee the rights of families, children, and adolescents, but also to implement exceptions so that mediation can be effective in any type of conflict. This research details each relevant aspect in determining which rights are or can become negotiable and the importance of mediation within the justice system. Although it is an alternative dispute resolution method, the aim is to increase its application due to its advantages and because it would help alleviate the burden on the ordinary justice system.