URGENSI INTEGRASI DAN IMPLEMENTASI MASLAHAH DALAM PROSES MEDIASI

Mediation in the judiciary in Indonesia is still new, cases that are in court must be handled professionally, such family case. This has claimed many victims, both material and life. This study is the orientation of mediation rules and its implications for the settlement of civil cases in the Religious Courts. There are three important aspects that will be discuss in this research, these are: Juridicalphilosophical foundation for integrating mediation in the proceedings at the Religious Courts, The implimentation of mediation in the Religious Courts, maslahah analysis on the integration of mediation in the proceedings at the Religious Courts. This research is socio-legal qualitative research, because it is closely related to the study of the texts in the legislation; by using a state approach and focusing on legal norms and the hierarchy of the rules. The result of this research reveals that; (1) The juridical-philosophical foundation integrated with mediation in the proceedings at the Religious Courts, which is based on PERMA No. 1 of 2008, the mediator of the Religious Court then integrates into facilitative mediation and transformative mediation model. (2) Mediation conducted by the Religious Courts does not only discuss about problems that occur, but also discuss the root of the problem and making a solutions that cannot only be completed in the trial, and also bring benefits to the disputing parties. (3) In general, the integration of mediation in proceedings process in the Religious Court is in Maslahah's perspective, with the existence of Maslahah, by utilizing Al-Maslahah Al- Mu'tabarah, such as; by hastening the implementation of divorce (wife), as a form of state protection to prevent the emergence of suffering and the madharat of both parties. Protection of the soul, to avoid the tyranny of others. Become a catalyst so that the parties become easy to live and protracted problems to realize the path of peace. Protection of human dignity, by making a decision to cancel the marriage for the Plaintiff who as given a false identity.

La virtud de la prudencia como herramienta que contribuye a una buena argumentación y a la praxis del mediador

Este articulo propone una comprensión de la prudencia, que aporta a la mediación transformativa herramientas éticas, intelectuales y morales. Por tal motivo, se considera necesario conocer cuáles son los elementos que componen su discurso autorregulado y argumentativo, considerando, las emociones, la lógica y la ética, poniendo especial énfasis en la participación del mediador/a, y la necesidad de orientar el conocimiento, teórico, técnico y reglamentario, hacia una práctica con altos principios; porque esto influye directamente en las partes intervinientes y en los procesos, y finalmente como conclusión, la incidencia de su aplicación en el desarrollo que mejora la práctica del mediador/a. This article proposes an understanding of prudence that contributes ethical, intellectual and moral tools to transformative mediation, for this reason, it is considered necessary to know are the elements that make up its self-regulated and argumentative discourse, considering emotions, logic and ethics , placing special emphasis on the participation of the mediator, and the need to orient the knowledge, theoretical, technical and regulatory, towards a practice with high principles; because this directly influences the intervening parties and the processes, and finally, as a conclusion, the incidence of its application in the development that improves the practice of the mediator.

La mediazione trasformativa nell’era della patient revolution. Un modello per la gestione del rischio clinico e legale nelle ASL italiane

[Transformative mediation in the era of the patient revolution. A model for the management of clinical and legal risk in Italian health facilities]Nowadays, too many patients do not perceive that their doctors are exclusively dedicated to care them. This is probably because current health systems are too focused on physicians and diseases, rather than on patients. Such systems are also expensive, fragmented, inefficient and often cynical, generating not only the anger but also the willingness to bring legal claims from many patients. Many scholars, in fact, claim that "too much medicine" can bring more harm than good to the patients and to the health systems themselves, therefore promoting a more sober and respectful medicine. This is the vision of the "patient revolution" and the idea that inspires some other movements that aim to break the vicious circle of greed and cynicism that damages not only patients but also health professionals. Within the same vicious circle, an exponential increase in litigations takes place, as an additional negative effect of the system focused on the disease and on the doctors instead of on the patient.In the present article, we assume that a greater participation of the patient in the choices concerning his/her own health is the fertile ground in which concrete solutions can be found to many problems arising from the current medicine. We therefore analyze the main advantages of active patient participation, which in turn generate a reduction in health conflicts. Based on this analysis, we propose a model in which through various approaches, tools and methods - starting from the upstream prevention of the conflicts - we can also manage them downstream, for the benefit of both patients and health professionals. Finally, we show that within this framework, transformative mediation is an essential approach for weakening many legal disputes and repairing the relational damage generated upstream, where communication has failed or is completely lacking in the clinical practice.

Proposal for an Italian Family Mediation Clinic

<p align="JUSTIFY">Section A of this paper discusses the historical evolution of clinical legal programs in the United States, the homeland of clinical legal education. Next, the current framework of Italian legal clinics is discussed, focusing on its American heritage and associated nuances.</p><p>Section B considers why mediation would be particularly suitable for the creation of an Italian legal clinic, given the recent incentives created by the European legislature to strengthen alternative dispute resolution. The evolution of the Columbia Law School Mediation Clinic is described, from its beginning to the recent creation of an advanced clinic model, and insights from this process are discussed in terms of the Italian legal and family environment.</p><p>Section C lays out baseline considerations and recommendations for creating a family mediation clinic at LUMSA. Three different approaches to family and community mediation previously adopted in the context of clinical legal education are analysed: facilitative mediation, transformative mediation, and peacemaking circle. A model for the clinic is proposed, with suggestions for sources and materials from which the curriculum might be drawn.</p>