THE 2008 CONSTITUTIONAL REFORM AND ALTERNATIVE DISPUTE RESOLUTION MECHANISMS: TRANSFORMING JUSTICE IN THE STATE OF MEXICO

Abstract

Since the constitutional reform of June 18, 2008, Alternative Dispute Resolution (ADR) mechanisms have acquired the legal status of a fundamental component of the justice system, establishing a comprehensive and simple means of guaranteeing the right of access to justice. Through a general introductory overview of ADR mechanisms, this study seeks to contribute to its dissemination and understanding as restorative procedures essential to the proper functioning of the current justice system in the State of Mexico.

Based on a qualitative analysis with theoretical and descriptive components, this study identifies the interrelationship among the State, society, conflict and justice as concepts inherent to the establishment and evolution of the judicial system. It underscores the importance of governmental collaboration for the effective implementation of the current criminal justice system. It also highlights the discrepancy between the notion of justice envisioned in legal frameworks and that resulting from the practice of «traditional justice» which is generally limited to compliance with judicial mandates that often have negative interpersonal impact.

The analysis focuses on the positive effects of the restorative aspect of ADR, its social impact, and the family as a fundamental axis. It also identifies several challenges and obstacles that must be overcome to ensure the full implementation of self-composition in justice, offering general ideas for a more effective conflict resolution, the strengthening of ADR mechanisms, and the improvement of its implementation. Finally, the study invites the reader to engage with alternative justice and to recognize it as a priority within the legal practice of the State of Mexico.