western and african adr techniques
CHAPTER ONE
INTRODUCTION
There are several methods available for resolving disputes between two parties. The first and most important method is through the courts. When a dispute arises between two parties belonging to the same country, there is an established forum available for the resolution of the same. The parties can get the said dispute resolved through the courts established by law in that country. Generally, this has been the most common method employed by the citizens of a country for the resolution of their disputes with the fellow citizens.
What is alternative dispute resolution?
When a dispute arises between two persons belonging to two different countries, the difficulty arises. One option available to the parties is to go to the domestic courts of either country for the resolution of that dispute. However, this approach may have its own problems. The first is the jurisdiction of the courts. The laws relating to jurisdiction of courts in a country are not made keeping in view the transnational disputes. Normally, they are designed to resolve domestic disputes, that is, disputes arising between two citizens of the same country.
African Customary System of Dispute Resolution
Customary law is generally known to be the accepted norm of usage in any community. A community may accept certain customs as binding on them. In Africa, such customary laws may be accepted by members of particular ethnic groups and may be regarded as ethnic customary law. Customary law is unwritten and one its most commendable characteristics is its flexibility, apart from the fact that it is the accepted norm of usage.
Resolution of disputes was a major function under the indigenous system of governance. The role was taken up by the elders or the chief and was meant to maintain social cohesion. In its operation, African dispute resolution was very much like arbitration in that resolution of disputes was not adversarial. Any person who is
concerned
INTRODUCTION
There are several methods available for resolving disputes between two parties. The first and most important method is through the courts. When a dispute arises between two parties belonging to the same country, there is an established forum available for the resolution of the same. The parties can get the said dispute resolved through the courts established by law in that country. Generally, this has been the most common method employed by the citizens of a country for the resolution of their disputes with the fellow citizens.
What is alternative dispute resolution?
When a dispute arises between two persons belonging to two different countries, the difficulty arises. One option available to the parties is to go to the domestic courts of either country for the resolution of that dispute. However, this approach may have its own problems. The first is the jurisdiction of the courts. The laws relating to jurisdiction of courts in a country are not made keeping in view the transnational disputes. Normally, they are designed to resolve domestic disputes, that is, disputes arising between two citizens of the same country.
African Customary System of Dispute Resolution
Customary law is generally known to be the accepted norm of usage in any community. A community may accept certain customs as binding on them. In Africa, such customary laws may be accepted by members of particular ethnic groups and may be regarded as ethnic customary law. Customary law is unwritten and one its most commendable characteristics is its flexibility, apart from the fact that it is the accepted norm of usage.
Resolution of disputes was a major function under the indigenous system of governance. The role was taken up by the elders or the chief and was meant to maintain social cohesion. In its operation, African dispute resolution was very much like arbitration in that resolution of disputes was not adversarial. Any person who is
concerned