A critique of alternative dispute resolution in Africa

Abstract

Alternative Dispute Resolution (ADR), has with time, become a preferred manner of conflict resolution in most countries around the world and has gained great popularity, particularly in Africa, home to over one billion people. Through modernly accepted dispute resolution practices, disputants are allowed the flexibility of navigating through their conflict by participating in the procedure and the outcome of the process, unlike the traditional formal legal route. Voluntariness is an inherent characteristic of the process to resolve the dispute, not only to the disputants but even the neutral third party. ADR has achieved great success, and the key to its success is the flexibility afforded to the parties to decide on procedural aspects of the process.

The African continent is also no stranger to the underpinning values and origins of the ADR system. Its indigenous people had practised this form of conflict resolution long before the western culture formalised it. This knowledge and sense of belief of its traditions, norms and customs was adapted by the African people into the modern-day application of ADR. Integrating ADR into its legal systems will positively affect its people because it makes justice accessible and affordable. Therefore, ADR becomes an all-encompassing solution for Africa. It can be utilised at all levels of society in resolving less serious conflicts, lessening the burden of caseload into the formal justice system. In several pilot projects, Africa has attempted such implementations successfully and should continue this innovation. The dissertation deconstructs the complexities of ADR mechanisms in Africa.