La mediación en Derecho Administrativo en el ordenamiento jurídico españolestudio desde una perspectiva iberoamericana

Abstract

It is indisputable that mediation, as an alternative dispute resolution (ADR) method, has had a great boom in its implementation at a global level in recent decades. However, the use of this institution to resolve conflicts in matters of Administrative Law, has had a much more contained development, due to the particularities of the unique relationship between the Public Administration and citizens. The use of mediation in this context supposes a new channel of participation for citizens, more intense in the resolution of their conflicts with the Administration, from the perspective of the fundamental right to good administration. In this thesis we intend to study the main characteristics of administrative mediation in the extra and intrajudicial spheres, in the Spanish legal system, but from a perspective compared to the context of the Ibero-American legal systems. From the conclusions and premises that we have extracted from this study of mediation in Administrative Law, we formulate a series of lege ferenda proposals, in order that they may serve as a reference in the future development of regulatory legal norms of this institution in the administrative field, both in the Spanish legal system and in the rest of Latin America.