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PRESERVING CULTURAL IDENTITY IN THE INTRODUCTION OF DISPUTE RESOLUTION TECHNIQUES

NCJ Number
141944
Journal
Forum Dated: (Winter 1993) Pages: 38-40
Author(s)
E C de Sylva; A Wray
Date Published
1993
Length
3 pages
Annotation
This article describes the development of a program that offers the indigenous population of Ecuador a means of dispute resolution that is compatible both with its own culture and national legal norms.
Abstract
This program, which is administered by the United States-based National Institute for Dispute Resolution, uses alternative dispute-resolution techniques such as mediation and arbitration. It offers low-income sectors, particularly those with no access to state justice, not only flexible methods of resolving conflict but also proceedings that exclude arbitrariness and authoritativeness. It fosters the development of positive social democratic values and attitudes such as initiative, participation, empowerment, and solidarity. The means of dispute resolution secures the communities' traditional authority and cultural demands without violating national legal norms. The project began with a series of 1-week, comprehensive workshops. Leaders of Indian communities, representative of the diverse native groups in Ecuador, were present for highly participatory training in conflict-resolution techniques. The seminar began with a brief introduction to the administration of justice (the typical adversarial method of resolving disputes). A forum was developed whereby each community leader discussed the diverse range of conflicts that often arise and the ways in which these problems are resolved within their communities. The participants then role-played common problems and were able to review and constructively criticize their performance when viewed on videotape. The workshops closed with a discussion about prospects of future use of the techniques learned in the communities represented.