The principle of fraternity, although having an exquisitely moral importance, is presented as a reference field of the legal system. Society does not spring from a pact between “traitors” but organized a fraternal drive that precedes the social bond and does not wait for the law to be formed. The institution of civil and commercial mediation is based on this drive, that aims to build a participatory solution to the dispute to avoid judgment and facilitate the reconstruction of the human relationship linked to the conflict. In this sense, the culture of mediation brings back the rationality and balance of the concept of justice by bringing the protection of man and human relations back to the center of the tasks of the state.