2014 Peter Pal - "What Fence Dispute?" South Sudanese perspective of Dispute and Dispute Resolution in Australia

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 ?

Contact details

Mr Peter Pal

Mobile: 0432189368

email: [email protected]