The new public management as limiting of transformative mediation in Mexico

Abstract

The objective of this article was to analyze the figure on the new public management and its impact on the transformative model of mediation. For it, the deductive, documentary, discursive, legal systematic and functionalist methods were used. The results indicate that the axis called accountability —by focusing its study in quantitative statistical terms, but not qualitative— forces mediation centers in judicial headquarters to prioritize the generation of statistics on signed agreements over the transformation of behavior of the part mediated, which has a negative impact on the transformative model and the non-recidivism in conflicts.                The most important limitation was the obtaining of specific statistical data on the number of cases presented and agreements signed before the mediation centers, the main finding of the study being, in the sense that the Mexican State uses the classic mediation model, which it focuses on obtaining an agreement between the parts, thereby sustaining a policy of reaction that is increasingly moving away from the policy of conflict prevention. This situation serves to conclude that the policy of the new public management in the mediation centers of judicial headquarters should be eliminated to give them the opportunity to use the transformative method for conflict resolution.            The hypothetical assumption of this article consisted in substantiate the need to apply the transformative model for mediation within the judiciary in Mexico; However, the ideology of the New public management that the Mexican State has implemented greatly hinders the benefits and scope of conflict prevention and non-repetition of the facts, so it is necessary to cease the operation of mediation based on the principles of the new public management so that the aims of transformative mediation can be adopted.