Mediation in intercultural societies. Possible Ombudsman’s action in mediation processes

Abstract

 The purpose of this work is a reflection on the conflicts that arise in intercultural societies as a consequence of more plural frameworks, accompanied by a proposal of channels of solution. We consider the convenience of using extrajudicial mechanisms for resolving conflicts, particularly mediation, as a particularly appropriate means for this type of dispute. The integration in plural societies requires an effort and takes position by the State. The public authorities must be involved in achieving a greater degree of democratic coexistence, focusing on the real and non-formal aspect of freedom and equality, in a manner consistent with the social conception of the State. The Ombudsman is an ideal figure to be able to act as mediator in conflicts of interculturality. His contact with social problems, on the one hand, and his neutral position, based on the auctoritas, on the other, attribute him some very interesting characteristics so that he can exercise this function. The State would assume this role through the institution that is closest to citizenship. This, in turn, could lead to an improvement in the social perception of the Ombudsman.