Family Mediation from the Community-participatory Legal Pluralism Theory in Indigenous Family Conflicts

Abstract

The article seeks to demonstrate the applicability of family mediation, based on the theory of community-participatory legal pluralism, in the context of indigenous family conflicts. The problem is limited to the question "Can family mediation, based on the theory of community-participatory legal pluralism, be a methodology used in the face of indigenous family conflicts?" The general objective is to analyze whether family mediation, based on the theory of community-participatory legal pluralism, can be a methodology used in the face of indigenous family conflicts. The specific objectives are to verify the foundations of the theory of community-participatory legal pluralism; understand mediation as an interventionist-participatory practice through family conflicts; observe the family conflicts that arise between indigenous families. Based on this concern, the approach method is deductive, the procedure method is monographic, the research methodology is exploratory, combined with descriptive research. The results came from the comparison between mediation in the face of conflicts in general and in the face of indigenous family conflicts. In the end, it can be considered that mediation as a methodology that strives for dialogue, for qualified listening and coresponsibility of those involved finds space for use in the environment of indigenous families, and can be handled by the chief who takes over the escalation of family conflicts or in Judicial Centers for Resolving Conflicts and Citizenship. (CEJUSC).