A DEMOCRATIC TOOLKIT HIDDEN IN MEDIATION: DIALOGICAL AND DISCURSIVE ROOTS OF MEDIATION AND DEMOCRACY
A DEMOCRATIC TOOLKIT HIDDEN IN MEDIATION: DIALOGICAL AND DISCURSIVE ROOTS OF MEDIATION AND DEMOCRACY
Author(s): Ewa Gmurzyńska, Tatiana ChauvinSubject(s): Civil Society, Philosophy of Law, Sociology of Law
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: mediation; mediator; democracy; equality; economy; discourse; dialogue
Summary/Abstract: Mediation has emerged as a socially significant practice whose relevance extends beyond legal efficiency to the cultivation of democratic attitudes, civic competencies, and cooperative forms of conflict management. This article argues that mediation can be understood as a micro-practice of deliberative democracy, embodying core democratic principles such as participation, equality of voice, autonomy, mutual recognition, and consensus-building through dialogue. Drawing on interdisciplinary scholarship in legal theory, political philosophy, and mediation studies, the analysis integrates discourse ethics, dialogical philosophy, and theories of procedural justice to provide a philosophically grounded account of mediation’s normative significance. Rather than treating mediation as a merely technical alternative to adjudication, the article conceptualizes it as a communicative and relational practice through which individuals actively exercise democratic capacities. By situating mediation within a broader democratic framework, the study highlights its potential to strengthen social capital, foster civic engagement, and contribute to democratic culture beyond formal political institutions.
Journal: Studia Iuridica
- Issue Year: 2025
- Issue No: 108
- Page Range: 65-88
- Page Count: 24
- Language: English
