Implicación de las emociones en el principio de imparcialidad en materia de conciliación como mecanismo alternativo de solución de los conflictos

Abstract

The behavior of individuals and their relationship with their environment when it comes to settling disputes, establishes a complex situation in which a diversity of disciplines are involved which correlate with each other, due to the interdisciplinarity of sciences such as Psychology and Law, that is why the importance of the role of emotions in conciliation matters when it comes to ending a conflict, since the principle of impartiality is called into question as it allows the conciliator to attend to his personal and subjective inclinations, and not to the reasons that can offer a decision adjusted to law, this being him, who serves as a neutral third party, facilitator and proposer of settlement formulas within the legal figure of the conciliation, in which he can be particularly emotionally involved by not recognizing, managing, controlling and regulating your emotions when facing a scenario that involves the evocation of exper Negative lived experiences, which influence demerit when proposing settlement formulas to terminate a conflict, where the principle of impartiality would be violated since the presence of this kind of behavior, words, actions or actions on the part of the conciliator can presume to the parties that one of them is being favored in demerit of the other.