Harmony, peacemaking, and power: Controlling processes and African mediation

Abstract

Anthropologist Laura Nader has advanced a scathing critique of alternative dispute resolution (ADR) as a controlling process. Data from an anthropological study in The Gambia, West Africa, indicate that processes such as mediation have a wide range of social functions and can be used to challenge as well as reinforce hierarchies. A more balanced analysis of conflict resolution and a cross‐cultural perspective illuminate both the challenges and the potential of mediation.

The role of mediation in resolving workplace relationship conflict

“…However, the manner in which it is practiced and outcomes are subject to cross-cultural variation. In The Gambia, for example, Davidheiser (2006) suggests that issues of power imbalance and inequality that occur in mediation as understood in a Western model do not always translate well in others. In his study of mediation between married couples in The Gambia he notes that although the general view is that women are subservient to men, women are just as likely as men to seek out mediation as a forum in which to air spousal grievances.…”

“…In his study of mediation between married couples in The Gambia he notes that although the general view is that women are subservient to men, women are just as likely as men to seek out mediation as a forum in which to air spousal grievances. Davidheiser (2006) argues that this is because Gambians place a high value on relationship harmony and mediation is a means by which change can be effected without terminating those bonds. He found that mediators considered harmonious relations as central to resolving disputes and rather than being neutral facilitators, were often "…explic-it in their reference to rights and morals and did not attempt to sideline them in the interest of neutrality" (Davidheiser, 2006).…”

“…Davidheiser (2006) argues that this is because Gambians place a high value on relationship harmony and mediation is a means by which change can be effected without terminating those bonds. He found that mediators considered harmonious relations as central to resolving disputes and rather than being neutral facilitators, were often "…explic-it in their reference to rights and morals and did not attempt to sideline them in the interest of neutrality" (Davidheiser, 2006). Furthermore, mediators were considered by locals to be a fairer and more personal solution than the judiciary, especially for less privileged disputants.…”

Going with the Grain in African Development?

“…For a comparative discussion of the structures that link local and central levels in India, and their developmental effects, see Manor (2008: 8-11). Gibbs, 1963;Gluckman, 1964;Moore, 1969Moore, , 1992Gulliver, 1963;Davidheiser, 2006). The latter are better represented in local moots, informal chiefdom courts and customary courts, which, while retaining their own problems, tend nevertheless to be more popular and accessible.…”

Going with the Grain in African Development?

“…Take, at a lower level, the courts. Many studies have shown that English common law courts in Anglophone Africa have never been popular, in part because the language, strict adversarial protocol and the winner-takes-all nature of the judgements are foreign to African traditions, which tend to be more inquisitive, mediatory, and restorative (see for example Ferme, 1998;Gibbs, 1963;Gluckman, 1964;Moore, 1969Moore, , 1992Gulliver, 1963;Davidheiser, 2006). The latter are better represented in local moots, informal chiefdom courts, and customary courts, which, while retaining their own problems, tend nevertheless to be more popular and accessible.…”