Conﬂict resolution, restoration and informal justice

Colonialism impacted local cultures far beyond their infrastructure, government and geography. In addition to eroding indigenous power structures, the structural violence inflicted during colonialism left native populations with lasting self-doubt and rejection of traditional practices. Among these rejected traditions were informal processes and mechanisms of resolving conflicts. Conflict resolution methods in different cultures often vary greatly in underlying values and perceptions. Western judicial systems reflect individualistic, high uncertainty-avoidant, low-context tendencies, while indigenous conflict resolution methods reflect collectivistic, minimal uncertainty-avoidant and high-context tendencies. Research into the current state of formal courts and informal justice forums in Pokot and Turkana Counties provides case study-based evidence arguing that the transition from restorative justice (Lapai) ffered by indigenous justice mechanisms to retributive justice catalyzed by colonialism has effectively weakened both the Turkana and Pokot systems of justice. Due to impacted value systems, neither the restorative, socialharmony focus of traditional processes, nor the retributive, compensatory justice focus of the formal judicial system make the available forums wholly appropriate or adequate resources. This has left the two communities torn between two distinct choices - the western and indigenous approaches to conflict management. The main objective of this research was to investigate the effects of colonialism on indigenous conflict management in Pokot and Turkana counties. These were both positive and negative effects. To achieve this objective the overarching question was;“how did colonialism affect the indigenous approaches to conflict management in Pokot and Turkana counties? The study was designed to apply qualitative research methods. Both structured and semi-structured interviews were conducted along the Turkana-Pokot borders. This paper proposes a hybrid model in conflict management, not only for the Pokot and Turkana pastoral communities, but also to other pastoral communities with similar set-ups.

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Amicable Agreement Versus Majority Rule: Conflict Resolution in Switzerland.Jürg SteinerThe Death of Communal Liberty: A History of Freedom in a Swiss Mountain Canton. Benjamin R. Barber

The Journal of Politics ◽

10.1017/s0022381600041347 ◽

1975 ◽

Vol 37 (2) ◽

pp. 588-590

Author(s):

Keith Legg

Keyword(s):

Conflict Resolution ◽

Majority Rule ◽

History Of

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Attending to our future: Why we should support conflict resolution education

Conflict Resolution Quarterly ◽

10.1002/crq.1 ◽

2002 ◽

Vol 19 (4) ◽

pp. 383-388

Author(s):

Tricia S. Jones

Keyword(s):

Conflict Resolution ◽

Conflict Resolution Education

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A solution-oriented approach to conflict resolution in a work system

British Journal of Guidance and Counselling ◽

10.1080/03069889500760401 ◽

1995 ◽

Vol 23 (3) ◽

pp. 409-419 ◽

Cited By ~ 1

Author(s):

Susan Webb

Keyword(s):

Conflict Resolution ◽

Work System ◽

Oriented Approach

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Agreeableness, Conflict Resolution Tactics, and School Behavior in Second Graders

Journal of Individual Differences ◽

10.1027/1614-0001/a000199 ◽

2016 ◽

Vol 37 (3) ◽

pp. 145-151 ◽

Cited By ~ 2

Author(s):

Daniel L. Gadke ◽

Renée M. Tobin ◽

W. Joel Schneider

Keyword(s):

Conflict Resolution ◽

Problem Behaviors ◽

Second Graders ◽

Adaptive Behaviors ◽

Second Grade ◽

School Behavior ◽

Multiple Sources ◽

School Based ◽

Second Grade Students ◽

Negotiation Tactics

Abstract. This study examined the association between Agreeableness and children’s selection of conflict resolution tactics and their overt behaviors at school. A total of 157 second graders responded to a series of conflict resolution vignettes and were observed three times during physical education classes at school. We hypothesized that Agreeableness would be inversely related to the endorsement of power assertion tactics and to displays of problem behaviors, and positively related to the endorsement of negotiation tactics and to displays of adaptive behaviors. Consistent with hypotheses, Agreeableness was inversely related to power assertion tactics and to displays of off-task, disruptive, and verbally aggressive behaviors. There was no evidence that Agreeableness was related to more socially sophisticated responses to conflict, such as negotiation, with our sample of second grade students; however, it was related to displays of adaptive behaviors, specifically on-task behaviors. Limitations, including potential reactivity effects and the restriction of observational data collection to one school-based setting, are discussed. Future researchers are encouraged to collect data from multiple sources in more than one setting over time.

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