Abstract
This study presents ethnographic findings based on fieldwork conducted in three counties in Kenya from January to June 2023. The goal of the study was to learn and understand why alternative methods of dispute resolution, in particular, mediation appeals to a significant faction of the Kenyan population. Two levels of exploration were employed. First, through 62 interviews, 52 of which were with local mediators in the three research counties, and 10 with jurists in Nairobi, descriptive accounts of the merits of mediation including its harmony-focused goal, expediency, congeniality, convenience, cost-efficiency, satisfaction, transparency, among other factors, resonated among most of the interviewees, and provided invaluable insights on the merits of mediation. Second, based on participant observation of 31 local trials the affable ways of settling disputes without virulent attacks were observed. Both research strategies helped in lending support to the peacemaking perspective in criminology, which advocates understanding, compassion, peace and social justice. A few limitations of the study comprising the absence of interviews with litigants and a less than robust sample are reported.
Presenters
Victoria TimeProfessor, Sociology and Criminal Justice, Old Dominion University, Virginia, United States
Details
Presentation Type
Paper Presentation in a Themed Session
Theme
Vectors of Society and Culture
KEYWORDS
MEDIATION, ALTERNATIVE DISPUTE RESOLUTION, KENYA, AKAMBA, PEACEMAKING