Local mediation

Methods of conflict resolution that have their roots in traditional indigenous cultures have become established in several Andean states. The main reason for this lies in the inefficiency of the state judiciary. Court proceedings often take too long and lay persons find them difficult to comprehend. Furthermore, many people hesitate to take legal action, partly due to the high cost of proceedings. There is also the additional problem for members of indigenous groups that their languages such as Quechua or Aimara, for instance, are not allowed to be used in court proceedings. According to estimates by the UN Development Programme (UNDP) from 2001, around 35% of Peruvians do not have access to the legal system.
There are numerous possibilities for conflict resolution at local level. On the one hand, there are Courts of Peace staffed by lay jurists as well as the local judiciary of the indigenous population. On the other hand, small communities resolve their conflicts in village meetings. The advantage of this arrangement is that the conflict parties can negotiate with one another at the same level and in their own language. Furthermore, the lay judges come from the same stratum of society. The fact that they speak the language of the local population and know their problems first hand makes moderation between the conflict parties easier. According to a study by the Instituto de Defensa Legal, these authorities most often deal with conflicts concerning domestic violence, theft, bodily harm and property disputes.

Moreover, mediation via these institutions is more in line with the realities of life of rural communities, where the emphasis is on community rather than the individual, for instance. Community service, therefore, is also a common punitive measure. After all, the conflict parties and the community must continue living together. The solutions also provide a normative guiding principle for the behaviour of the community.

There is widespread acceptance of this method accordingly. In Peru, for example, only around 17% of the population trust the state judiciary, while 80% trust the Courts of Peace. The low costs for proceedings are also a contributing factor. Furthermore, complaints of abuse are few and far between. A large proportion of interpersonal conflicts can be resolved through these courts without resorting to formal legal action.

Peru has recognized this type of dispute resolution in its constitution for some time. Farming and indigenous communities thus have the opportunity to administer justice within their sphere of influence according to their own rules. This gives wide rural sections of the population access to conflict resolution