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Article
Alternative Dispute Settlement Mechanisms: Towards Restorative Justice in Yucatán, Mexico
Author(s)
Carlos Alberto Macedonio Hernández, Lucely Martina Carballo Solís, Melba Angelina Méndez Fernández, Edith Cisneros-Cohernour
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DOI:10.17265/2161-6248/2016.02.005
Affiliation(s)
Universidad Autónoma de Yucatán, Yucatán, México
ABSTRACT
This article presents an analysis of a new reform in the process of
criminal law dispute resolution in Mexico. It examines the characteristics, principles,
strengths, and weaknesses of this process for the protection of human rights,
as well as its implications. Findings of the study indicate that the inclusion
in the Mexican constitution of alternative dispute resolution mechanisms
contributes to strengthening of democracy, by favoring the participation of
private wills in handling conflicts and exercising their rights to solve their
conflicts without the intervention of state organisms. Participation in
mediation is voluntary, confidential, flexible, neutral, impartial, equitable,
law abiding, and honest.
KEYWORDS
human rights, mediation, legal process, lawyers’ preparation
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