Lokale rechtspraak in de hooglanden van Ecuador: Een bijzonder voorbeeld van inclusieve mediation

Abstract

Inclusive mediation involves a mediator whose neutrality is based on involvement with both sides of the dispute, and whose normative references are implicit; he or she is an insider. Exclusive mediation, on the other hand, involves a third party whose neutrality derives from his knowing neither disputant, and whose references to norms are explicit; an outsider, so to speak. The concepts of inclusive and exclusive mediation have been introduced by the anthropologist Carol Greenhouse in the 1980s. Inclusive mediation heavily relies on local knowledge and local ties, and its orientation can be labelled as horizontal. Basically, it fits small-scale societies, while exclusive mediation is more common in Europe and the United States. This article is about dispute settlement in an indigenous community in the Ecuadorian highlands, were I have encountered a unusual mixture of both forms: a local teniente político who applies inclusive as well as exclusive aspects of mediation at the same time.