MEDIATION AND EDUCATIONAL INSPECTORATE: MEDIATION AS A FUNCTION, LEGISLATIVE FRAMEWORK, MODELS AND ITS FUTURE

Abstract

Mediation at educational field has moved from an informally recognised practice to an explicit function of educational inspection within the current Spanish regulatory framework. Organic Law 3/2020 (LOMLOE) and, decisively, Royal Decree 68/2026 of 4 February, regulating educational inspection, consolidate this function and provide it with national-level regulatory support. This article analyses the conceptual basis of school mediation, the methodological models adaptable to inspection practice, the current state of regional regulatory protection and the training requirements that this new function demands. The analysis extends to a comparative examination of school mediation systems across European Union member states and to the empirical evidence provided by the OECD's TALIS 2024 report on social-emotional learning and school climate. The article concludes that, although the inspector does not operate under conditions of full neutrality required by mediation processes in other fields like civil, entrepreneurial or familiar mediation, their position within the educational system confers a singular capacity for intervention whose effectiveness depends, ultimately, on the level of specific training acquired and on the clarity of the protocol guiding their practice. The analysis positions Spain at a moment of significant regulatory transition, with solid legal instruments but still uneven implementation in terms of training.