- The Social Setting:
The setting for dispute resolutions in the segmented system would normally be neutral ground such as the village square, or an open hut. Where the (territorial or land) boundary dispute between individuals could be the venue of the meeting. In some instances, there could be deep spiritual dimensions, and therefore, the need to invoke ancestral spirits to buttress the links Africans maintain with their ancestors. The venue for the resolution of conflicts could also be village or community adjudication centres such as the village square, market square, etc. Those that have religious and spiritual dimensions, and which require ancestral intervention may be conducted at a community traditional shrine. The choice of the venue highlights the fact that the community is being placed and considered above any other individual or social unit. Simply put, African traditional alternative dispute resolution mechanisms attaches more premium to community interests than individual needs, values and interests.
The Gender Dimension: Typically, women are kept out of African shrines. Participants at African alternative dispute resolutions would normally, but depending on the sensitiveness and peculiarities of each community, be adult males. Decisions taken, however, are meant to include, and affect, women (as background decision influencers) and children also. In most cases, the best awards and decisions favor adult males.
- Process:
The African alternative dispute resolutions would normally begin with general preparation, involving consultations, and various invitations sent to the appropriate persons, the gathering of materials for rituals such as sacrificial animals, local brew for libation and for others to consume thereafter, selection of a date that does not clash with events like market days or farming, etc. The assemblage of the right caliber of participants is followed by a call for silence, which either the town crier, or an elderly member of the community would make. Silence is a representation of the sanctity and dignity of the people, the community, leadership, and the process itself. If the society is a religious one, as most African societies are at the moment, there is invocation of pledges or reference to ancestors and ancestral spirits, the pouring of libation, sacrifice of a live animal, etc. In many a society, the spirit of gods (such as of thunder and storm, etc) could be invoked to wreak calamity on guilty persons who want to lie or interfere with the process, or on enemies that may invoke the wrath of the gods against the community as the case may be, and should that be necessary.
In addition, Best(2006) continues to argue that since Christianity, Islam and Modernization are beginning to affect these processes, it is typical now to have either Christian or Muslim prayers, or both, said at the beginning of such sessions. In some countries like Ghana, it is a combination of the Christian, Muslim and African traditional religion prayers. Suffice it to add, however, that the saying of prayers of the universal religions may imply that the resolution may be conducted using their tenets. In yet some other settings, there is a toasting of local wine, or the breaking of kola by the most elderly persons. The Igbo society of Nigeria is a key example where the breaking of kola, among other rites, conducted by the very senior male members of the community, symbolizes the commencement of any such event.
Icebreakers and introductory sessions are also part of the African alternative dispute resolutions process. These would normally comprise of wise sayings, words of wisdom from elders and ancestors, reference to the ancestors? good deeds and proverbs. For instance, it is said, ?The words of our elders are words of wisdom. The wise man (and woman) hears and gets wiser?. This helps to create links between the present and the past generations. Disputants may thereafter swear to oaths and state their cases, to the hearing of the elders. Other members of the community present also listen to the stating of the cases by disputants.
At the end of the listening, the elders have the duty to give their verdict. They sometimes receive input from other members of the community present. Whether or not such input is received, and the extent of the input, will depend on the degree of masculinity in the community, and how gerontocratic the community policy is. The focus is to pass a verdict that promotes community solidarity, but with emphasis on non-violence. At the end of the process, there could be other activities that follow. If the event is at a shrine, the sacrificial lamb or chicken (black or white) will either be cooked or roasted, and eaten by the most senior men. Similarly, the men will drink the wine or local alcohol that accompanies the process, and such drink will be brewed by women. The peace deal is then assumed to be completed and sealed.
It is not in all cases that guilt must be established. In certain family disputes, third party interveners anxious to find solutions to a situation may be required to look for solutions without blaming either party. The aim will be to reconcile parties having swept most of the issues in the conflict under the carpet.
- Openness:
Best (2006) notes that African alternative dispute resolutions is conducted in the open view or ground as a means of ensuring that subsequent generations in the community learn the process and value systems of alternative dispute resolutions. In other words, it is a socialization process for the younger generations. This is younger persons do more of listening and observing of the seniors than participate or contribute. Indeed, young people are typically not to be heard.
Titany answered the question on August 11, 2021 at 08:23