MEDIATING INDIGENOUS DISPUTES: LESSONS FROM AFRICA AND CANADA

Abstract

Mediation is not novel to indigenous peoples in Africa and Canada. It has been in existence long before codified regulation of mediation.i For instance, the ancient Yoruba peoples of Nigeria have been known to mediate street fights, trade and communal disputes long before the emergence of formal courts and institutional mediation. ii Indigenous mediation in Africa and Canada share certain characteristics. First, the recognition of the supernatural and/or ancestry. Secondly, these mediations possess some cultural flavour peculiar to the indigenous peoples represented at the session, particularly reflected in their language, attire and the use of proverbs. And thirdly, many indigenous mediations are facilitated by elders who often hold governance functions in their respective families and communities. This article addresses common causes of indigenous disputes, factors that enhance mediation of indigenous disputes and hindrances to successful indigenous mediation, especially in Africa and Canada. Indigenous mediation in this article includes situations where indigenous persons participate in mediation as parties and disputes mediated by indigenous persons.