Investigación empírica sobre la situación de la justicia en Españabases para el impulso de la mediación

Laburpena

In recent months, the media and some sectors of the judiciary have shown that the Administration of Justice is experiencing a worrying upheaval, close to collapse. The levels of litigation have increased remarkably, the calendar of views and signalling is desperate for the parties and legal agents involved. Court officials have experienced workloads beyond the ordinary limits. Strikes, work stoppages and demonstrations in recent months —by judges, court clerks, civil servants and other actors such as lawyers and solicitors— have aggravated the endemic ills of the system. This work is fundamentally empirically based and aims to analyse the situation of the judicial system and to determine whether mediation could be a solution to many of the problems it suffers from. The research takes as its starting point the analysis of statistical data relating to the variables of: slowness, congestion and litigiousness, as well as those referring to intra-judicial mediation, published by different official bodies, outlining the scenario in which the Spanish justice system operates. One of the variables analysed is whether intra-judicial mediation is currently effective, questioning the need for a firm and decisive commitment on the part of the legislator to alleviate the consequences of the high rates of litigation, slowness and congestion. As a final reflection, the problem (as always) lies in how to tackle it, considering the principle of voluntariness and the deficient training (or rather «education») of citizens in terms of values such as conciliation and empathy with others. Are we really talking about problems in the judicial system or rather about education?