Australasian Journal of Natural Resources Law and Policy, 17(1), 43. Some use the term dispute resolution to refer only to alternative dispute resolution (ADR), that is, extrajudicial processes such as arbitration, collaborative law, and mediation used to resolve conflict and potential conflict between and among individuals, business entities, governmental agencies, and (in the public international law context) states. In all other regions, save for Latin America, delegates highlight external lawyers as equally or more responsible for this critical role. It will be rare in such a context for trouble to arise out of a single-stranded relationship of the kind that is possible in our society, where disputants may have no further contact with each other after the immediate issues have been resolved. For instance, in a village in the Behsud district of Nangarhar, a heated dispute arose over a local election of a government representative. 64 See clauses 9(2)(b)(i) and (ii) Traditional Courts Bill 2012. ADR generally depends on agreement by the parties to use ADR processes, either before or after a dispute has arisen. In these communities we will see how customary law is restated, ascertained and integrated with Western procedures. [ Links ] 49 Stevens (2000) 30. See also Rattray RS Ashanti law and constitution (Oxford: The Clarendon Press 1969) 296-303. So there’s a method I call Lit=Med.. 2 COLONIAL INFLUENCE AND THE MUTATION OF LEGAL SYSTEMS IN AFRICA. 113 The complainant is asked to speak first, followed by the defendant, their witnesses, and then members of the community. For further information on this news article, please contact: GPC: TRADITIONAL DISPUTE RESOLUTION MODELS CHALLENGED IN GROUND BREAKING GLOBAL REPORT, Modern Slavery and Human Trafficking Statement. The second alternative presents itself in the retention of provincial administration which has been the means of realization of dispute realization of traditional dispute resolution. One of the conclusions is that while the need for change is recognised, most people think someone else has to make the change happen. The village committee decides the date on which a case will be heard, and it also assists the headman in deciding the case. 89 See Elias (1956) 112-3. If a case cannot be resolved here, or if it is outside the jurisdiction of the court, it is sent to the traditional leader with a letter. It is of course important to observe at this point, that it is not in all societies and not in all matters that a traditional justice system may be preferred. Importantly, the system ensured that traditional leaders did not act against the wishes of the people, and could be removed if they did.67 These elements of democracy and judicial accountability in traditional justice systems, at the very least indicate that notions of human rights in African societies were not arbitrary, and that thorough dispute resolution processes were in place in many communities.68, Bennett suggests that procedures in African tribunals in postcolonial African communities probably guarantee individuals a fairer hearing than those in Western courts, because disputes are heard expeditiously, and may be extensively debated by members of the community, who thereby arrive at a well-considered decision.69 In other words, the traditional justice system seeks a consensual outcome, operating on the principles of "community participation, consultation, consensus and an acceptable level of transparency through the village council or open, consultative meetings".70 With presiding officers at the helm of affairs and members of the community arriving at decisions in a collective manner, the process is perceived as participatory, focused on the restoration of amicable relationships within the community and the reformation of offenders.71 In summary, therefore, traditional tribunals favour the contextual application of rules, as agreed upon by the majority of the members of the community, to secure a substantively fair decision for the parties as opposed to a procedurally accurate outcome.
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