Post on 29-Jul-2015
What Fence Dispute? South Sudanese
prospective of Dispute and Dispute Resolution
in Australia
By Peter Pal
Dip.legal Service, BA. in International Community
Development
INTRODUCTION
What is dispute?
What fence Dispute?
◦ Individual and collective society
South Sudanese vs Australia
prospective of Dispute
Recommendation
Contacts
What is ‘dispute’?
What Fence Dispute
South Sudanese prospective dispute– ◦ Mediators (local chief) may act as a judge and
make decisions over the issue.
◦ The dispute related issues are always deal with by a local chief or by a person chosen by a community or by family member to precise over the meeting depending on the nature of the situation.
◦ Mediators are sought from within the communities or societies of the parties concerned.
◦ Meeting (mediation) is conducted in an open space. Not privacy taken into consideration.
Continu…….
Australia prospective over dispute–
◦ Mediator facilitate session whereas
allowing parties to workout their
difference.
◦ Non-judgemental and independent.
◦ Voluntary process which does not involve
legal system.
◦ Mediation is held privately without the
supporters and extended family
knowledge.
Culture
“Culture is a shared behavior and
shared human-made aspects of the
society” Harry C. Triandis and Michele
J. Gelfand 2013
Culture has two different aspects:
◦ Individualistic culture and
◦ Collectivistic culture
INDIVIDUALISTIC CULTURE
Continu….
According to Harry C. Triandis and
Michele J. Gelfand 2013
◦ “In individualistic cultures, beliefs,
attitudes, values, and achieved roles are
especially important determinant of social
behavior”
Continu….
“Eckersley, an Australian
epidemiologist, argues that
individualism is undesirable from the
point of view of mental health”
Eckersley and Dear, 2002; Triandis et
al., 1988
COLLECTIVISTIC CULTURE
Continu…..
“collectivism is generally found in
agricultural societies wherein
conformity and obedience are crucial
for survival” pp.506
South Sudanese prospective of
Dispute A major function of the traditional
chiefs is to act as arbitrators and reconcilers when disputes occur in order to restore peace and maintain harmonious relations between families and clans.
South Sudanese believe in leadership through consensus, allowing everyone in their localised clans to have a voice while the traditional head of each clan rules by consent.
Continu…
When there is a dispute between
different parties, priority is given to
restoring the relationships.
During the dispute settlement,
normally involve supporters of the
disputing parties and the elders meant
to talk the matters through,
relationships are given prime
attention.
Continu…
The immediate objective of
dispute/conflict resolution is to mend
the broken or damaged relationship,
and rectify wrongs, and restore
justice.
Ensuring the full integration of
parties into their societies again, and
to adopt the mood of co-operation.
Continu…
The fear of sorcery or divine
punishment is also used to show what
the breach of peace would bring upon
the society and the conflicting parties.
Recommendation
Lack of access to information about
mediation process is undermining the
integration in the system. Therefore,
enhancing the local community
emerging knowledge on modern
mediation process is required.
limited resource allocation to the
sector constrain engagement activity
with South Sudanese community
Q&A ?