Variables psicológicas y culturales en la transformación del conflicto a través de prácticas restaurativas intrajudicialesimplicaciones educativas

Abstract

Throughout history, social responses towards violence and deviations from social norms have been a reflection of the way humans and interpersonal relations are conceived. Current trends in Justice and Education have gathered evidence that emphasises the need to transform conflicts through a restorative justice paradigm that compensates the victims and fosters the reintegration of aggressors back into the community. This framework is in contrast to the dominant paradigm, which involves the identification of culprits, punishment, and social isolation. The aim of this study was to analyse the effects of restorative dialogues in conflicts from a social evolutionary perspective in order to ascertain which psychological and cultural variables facilitate or impede their successful resolution. The intention was to improve the design of educational programs that favour a peaceful coexistence, regardless of the sources of conflict (family, community, school, workplace, institutions) or the age and condition of the person. The sample was obtained from data gathered in 2018, 2019 and 2020 by the Intrajudicial Criminal Mediation Service of Murcia (UMIM), from the Yearbooks; the criminal mediation files of 216 users; and the statistical data derived from user satisfaction surveys in all areas of the mediation service. The research design was non-experimental and cross-sectional in nature, considering together the data from the three years as a whole. The results showed statistically significant differences based on age, the type of conflict, and the previous relationship between the participants. User ages were grouped in three ranges (from 18 to 39, from 40 to 50, and over 50 years old). The greatest percentage of agreements came from the latter group (80%), which also comprised the greatest proportion of victims and conflicts associated with close relationships. The results on the basis of previous relationships showed a greater number of agreements between strangers (95.6%), followed by those in close relationships (72.7%). The group with the lower proportion of agreements involved individuals whose relationship was purely economic in nature. These conclusions have favourable implications for the application of the opportunity principle, the criteria for the referral of cases, and the school coexistence regulations. The procedural and temporal features were associated with the results of the mediation process regardless of age or previous relationships, both at the agreement level (greater number of them at the start of the conflict and in the criminal sphere), and the inclusion of moral content (apologies, respect, better communication). Among other factors, the emotional psychological transformation could be perceived by the development of positive emotions. Social psychological transformation was noted in the provision of assistance and service recommendation. Lastly, cultural transformation was registered through the recognition of the utility of the public service and the procedure as interesting, even without agreement. As such, the application of restorative justice principles in conflict resolution procedures favoured the transformation of said conflict at multiple levels. Furthermore, the way in which these processes were concluded was associated to variables that ought to be considered in the design of social and educational models of prevention and intervention against violence.