The nature of our society and the values we embrace are all a function of choices that we decide upon. What works or does not work for us depends on our response to our choices. Familiarity with any concept makes it more acceptable than a less familiar option; in essence, we deal more favorably with views or options that are not strange to us. We will take the comfort line when presented with options because it provides security and safety.
In the African setting, mediation has traditionally been a dispute-resolution method. Usually, in a dispute, if it is between family members, the matter will be referred to the family head, who is often the oldest male member of the extended family. He is responsible for ensuring that the family unit remains tight and family values are maintained. Once the matter is brought to his knowledge, he is responsible for inviting the parties concerned and listening objectively to both sides. Where necessary, other senior family members may also be invited to the meeting, particularly if they can influence the parties’ decisions. Both parties must strictly comply with whatever is decided; otherwise, they risk being regarded as outcasts.
Where the dispute is communal, if it is between two families within a village or town, the village head or the traditional ruler in the community is tasked with the role of mediator. If the dispute is between two neighboring cities or villages, then senior members of both towns will be invited to facilitate the dispute resolution. What triggers resistance sometimes is the fear of change or distortion of what one is already used to. Mediation is a known practice in the traditional African setting and has, over the years, transitioned in various ways. This paper will examine the benefits of mediation and its influence on African culture.
MEDIATION
Mediation is a process through which a third-party facilitator attempts to work through a dispute with disputing parties, assisting them in resolving it. The mediation process is party-driven, and the role of the facilitator or mediator is to get parties to view the situation differently, causing them to change their perspectives and positions while working toward a settlement. The focus of a mediator is to bring parties to a point where they can proffer solutions to their situation. Mediation can also be defined as a mode of Negotiation where parties to the dispute are helped by a third party to find a solution to their dispute, which they could not see themselves.
Mediation is dynamic in that the facilitator finds the most suitable way to assist the parties in resolving their dispute, depending on the peculiar circumstances of the parties. What is essential is that the mediator finds what is suitable for the parties and is not constrained to assist the parties in any particular way. There are guidelines to follow in mediation, however.
The mediation process takes the features of the mediator; because the mediator drives the process, the tempo and flow of the mediation process are likely to reflect the mediator’s disposition. The mediator in a mediation process, however, plays several roles. One of such critical roles is to facilitate communication between parties. A mediator might be the one to open a communication channel among the parties such that the mediator might provide an avenue for parties who have refused to engage in any form of discussion to start up a conversation that will lead to a resolution.
The mediator can also be the one who helps parties see the rights of others in the dispute situation and who should be involved in the negotiation. He is also the leader who, by procedure or suggestions, takes the initiative to move the progress of the talks. He also helps parties explore problems from various viewpoints and allows them to expand their resources. The mediator is also responsible for assisting the parties in evaluating their options and comparing them to their Best Alternative to a Negotiated Agreement (BATNA).
HOW MEDIATION PLAYED OUT IN THE TRADITIONAL AFRICAN SETTING
As humans, we are primarily a product of our habitat; what we do and believe in is influenced by our experiences and environment. Our culture shapes us; it goes beyond our dressing and food; it is who we are. It flows from generation to generation, leaving marks and traces that run through the times. Situations and circumstances change us; what we do and how we view the situations around us are shaped by our cultural beliefs, and our values are built on them.
It is a community that strives to maintain peace among its people, believing people can talk through their differences. The Yoruba tribe of Nigeria has a saying that means asking the party that offends one for an explanation is the medicine that sustains friendship.
A vital characteristic of mediation is confidentiality, and as such, the facilitator cannot disclose what transpired during the process to a third party except, of course, where the parties to the process permit. Confidentiality can be deemed necessary in relationships where parties might not otherwise share information, and furthering the relationship, activity, or service is essential to society. There are circumstances, though, where the duty of confidentiality does not apply and privileges do not protect communications; the mediator must make this clear to the parties.
Some of these settlement meetings might not be completely confidential as other vital persons might be present. For instance, if the meeting takes place in the palace of the community head, the palace scribe will be present to take record of deliberations and document what is agreed upon. Although the traditional leader is more like an authority-based mediator, the parties still make their decisions and are bound by whatever they agree upon.
SOME REASONS FOR MEDIATION SUCCESS IN TRADITIONAL AFRICAN SOCIETY
- THE HIERARCHICAL NATURE
A successful mediation process must recognize this and include the necessary hierarchy in the mediation process. There are leaders and community heads in a typical African cultural setting. There are also family heads who are the family’s oldest male members, whether extended family or nuclear.
- ONENESS
A belief in the societal bond where everyone is your brother or sister, where differences can be settled without losing the relationship, and so there is the willingness to mediate and a desire not to lose or concede what is yours.
- MODERATION
Inviting parties to mediation early enough avoids escalation and extreme behavior tendencies. Parties exercise self-restraint because the mediation process presents hope to them. Because the process is facilitated by an authority that they acknowledge or such authority is present at the mediation process, parties are willing to work towards a peaceful resolution. Sometimes, the other party only wants to be heard, and mediation makes this possible.
- INCLUSION
Being part of the dispute resolution process gives the parties a sense of control and ownership of whatever agreement is arrived at, which will, in turn, make the parties committed to executing the contract. Since the process is party-driven, parties have a sense of ownership of whatever is decided.
- RIFT MENDING
Although not often articulated, a lot of the time, retaining the shared relationship is of great importance to parties in a conflict. The African society greatly believes in extended communal living; people identify as brothers simply because they both come from the same town. As such, peaceful resolution of disputes is essential and highly valued, and mediation provides the avenue through which relationship rifts can be mended.
- TIMING AND TIMELINES
Mediation as a dispute resolution mechanism saves time, and parties can decide on the flow of the process. Often, disputes might be regarding farmland, and the next planting season might be approaching. It is not the time for parties to go into endless processes about resolving the situation. Mediation through their traditional leader helps them move on quickly, making concessions and resolving the issues. What is essential to the disputant is the ability to work the farms without losing time.
- EFFECTIVENESS
Mediation is highly effective in the traditional African setting because parties are more disposed to resolve disputes and adhere to the settlement terms, knowing that acting otherwise will make them an outcast in the community. Since the community is more regarded as an extended family unit, not abiding by the terms of settlement is considered a sign of disrespect to the other party and also to the leadership system, and disrespect is not taken lightly except when the party chooses to leave the community which will not be so easy.
What makes much relevance to the mediation process is the level of commitment of parties to their community and to one another. Community members can hold each other accountable for progress, so one person who refuses to concede or agree with specific terms can be seen as trying to jeopardize the progress of another. Women meet in the marketplaces, and anyone considered to oppose the peace of society is likely to be excluded from everyday transactions and social meetings.
CONCLUSION
International figures seem like an intrusion into their cultural and traditional space. Suppose they are persuaded to believe those persons bring expertise in the area. In that case, they will know their traditional rulers or elders are included in the process. They listen and obey suggestions from these leaders because they stand the risk of some reproving when they do not cooperate with the process and may even face penalties.
What is instructive for the traditional African in a dispute, depending, of course, on the nature of the dispute, is being able to trust the other party at the end of whatever intervention is provided. Trust and goodwill are essential. What is of paramount interest is the kind of relationship the parties can still maintain after the dispute.
Mediation as a form of dispute resolution stands a great chance of success in the traditional African setting because it is not a process that is alien to the people. It is a system used by their forefathers and is still being used as an efficient form of dispute resolution. It fosters unity within the community Because parties can sit and talk through the dispute; it gives room for understanding, builds trust, and promotes unity. It creates peace in the future because, with mediation, there is no feeling of victor versus vanquished; internal harmony within the community is strengthened.
However, in situations of armed conflict, a lot more will be required for effectiveness and resolution.
BIBLIOGRAPHY
,“BATNA – Definition, Importance and Practical Examples.” Accessed January 29, 2025. https://corporatefinanceinstitute.com/resources/valuation/what-is-batna/.
Menkel-Meadow, Carrie, Love, Lela Porter, Schneider, Andrea Kupfer, and Sternlight, Jean R. Dispute Resolution: Beyond the Adversarial Model. New York: Aspen Publishers, 2005.
“Roles and Duties of a Mediator | VIA Mediation Centre.” Accessed January 29, 2025. https://viamediationcentre.org/readnews/MjM1/Roles-and-Duties-of-a-Mediator.
Touval, S., and I.W. Zartman. International Mediation In Theory And Practice. Avalon Publishing, 1985. https://books.google.com.ng/books?id=9ZRjQgAACAAJ.
Wolski, Bobette. “Confidentiality And Privilege In Mediation: Concepts In Need Of Better Regulation And Explanation” 43 (2020).
The society really has a dire role to play in ensuring peace not only in conflict situation bearing in mind that with understanding and tolerance the objectives that we seek can be further achieved.
I enjoyed your article, it was interesting to see how this approach to mediation actually embodies the actual values of mediation itself, as opposing sides are brought closer together and shared identities are fostered, as opposed to the adversarial framework typically depicted and discussed in the field. It brings to mind the role of social cohesion in terms of human perception and approach to challenges.