Alternative justice

indigenous mediation in the peacebuilding process

Abstract

This article aims to analyze the right of indigenous people to alternative dispute resolution, including mediation, and how it is protected within the international and national legal framework. Alternative justice aims at the peaceful resolution of conflicts, which are motivated by various factors such as family problems, different ways of thinking, or the personal or collective interests of the parties involved. Within indigenous communities, people often resort to violence as a means of resolving conflicts in which they are involved. Most of these situations end up being reported or prosecuted before the courts, but not all indigenous people have access to them due to circumstances ranging from economic expenses and work activities to the geographical location of their villages, which makes it difficult for them to go to court. Hence the importance of implementing indigenous mediation as an alternative dispute resolution mechanism. This method takes into account principles of voluntariness, flexibility, economy, confidentiality, impartiality, among others, and considers their customs, traditions, and way of life to resolve such problems. Furthermore, several cases are analyzed that illustrate the benefits of mediation in resolving indigenous conflicts, and from this, the need to formalize this process, which contributes to peaceful and harmonious coexistence in these communities, is deduced.