Samenvatting

Mediation is on the rise in Guatemala. In this multicultural society that has a weak rule of law there is little trust in the state law system. Informal ways of dispute settlement are popular. NGO’s, state and semi-state invest in different forms of mediation as an alternative for the legal procedure. The state links mediation to courts; NGO’s and semi-state focus on local community leaders as mediators. Characteristic of mediation is the liberty of the conflicting parties to find a solution within their own conditions, without the limits, and protection, of a legal procedure. This provides opportunities but also creates dangers. The article shows the possibilities of mediation in a society where the state isn’t a good dispute settler. It also demonstrates the dangers of mediation; consequence of the liberty is that there is not much protection of the weaker party. As the state doesn’t offer an alternative mediation becomes vulnerable to abuse of power.