Non-Adversarial Conflict Resolutions Procedures on the Basis of Fundamental Rights

Abstract

This study is about Non-Adversarial Conflict Resolutions Procedures on the Basis of Fundamental Rights that aim to increase the access to justice achieving fair agreements. The research was descriptive, its study was of a documentary-theoretical nature, where the bibliography was investigated regarding the appropriate means of dispute resolution, its design corresponded to a non-experimental investigation, the techniques used to collect the data was documentary analysis. The main results found were that non-adversarial conflict resolutions are those in which the conflicting parties directly resolve their difference, and can sometimes be intervened by a neutral third party without its intervention. The main non-adverbial conflict resolutions procedures are: negotiation, which is constituted in a direct process that exists between two or more parties that face a conflict. Mediation which aims to increase access to justice through the alternative of achieving fair agreements. and the one that consists of an attempt to voluntarily reach a mutual agreement between the parties, in which a third party can help who intervenes between the contenders in an informal and unstructured way, to direct the discussion without an active role. Fundamental rights are inherent to dignity, that is, each of the fundamental rights manifests a nucleus of human existence that derives from the dignity that the person has, therefore dignity becomes a source of the rights of the person.