Thank you for your comment.
I quite agree with you, but in line with the above subject matter, that is not the main reason why 'litigation' may be viewed as an 'alternative.'
In recent research conducted in Nigeria, 99% of the respondents I interviewed believed that their traditional settling disputes (TMSD) were formalised or modernised/repackaged and returned as the present ADR. (Umegbolu, Chinwe, Dispensation of Justice: Lagos Multi-Door Courthouse as a Case Study -Ongoing PhD Research University of Brighton 2018-2021).
Lending credence to the above viewpoint, Professor Emilia Onyema elucidated that
" that the traditional forms of dispute processing that operated in the pre-colonial communities of West African states were subjugated to litigation during the colonial and post-colonial periods, but there is now a resurgence of private forms of dispute processing in the form of ADR processes. In recognition of this shift, all DRPs need to be fully integrated into the formal legal systems of these states to provide a coherent, pluralist DRP system." (Moscati, Maria Federica, Palmer, Michael, Roberts, Marian (eds),
Comparative Dispute Resolution (Edward Elgar Publishing, 2020).
The sentiments expressed above demonstrates one of the main reasons why litigation is viewed as an 'alternative' in the African Continent. Hence it reinforces the view that 'legal transplant
can move from a less complex society to a more complex society' or, as Onyema puts it, there was a 'shift' ... as opposed to Grandes' assertion-
"that legal transplants usually take place from more complex societies to less complex ones." ------------------------------
Chinwe Umegbolu
PhD Student / Part-time lecturer
University of Brighton
Brighton
2413678907
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Original Message:
Sent: 15-03-2021 12:52 PM
From: Lyndon White
Subject: Snapshot of Alternative Dispute Resolution (ADR) in Botswana
It seems that litigation is the alternative and the ADR processes are primary in Botswana. It seems to be a matter of choice as to whether disputing parties proceed to litigation in the sense that if a party chooses not to attempt to resolve a dispute using ADR and does not initiate litigation, then they have chosen to proceed to litigation if the other party(s) initiates proceedings.
Chapter 3 to Project Muse Project MUSE - Alternative Dispute Resolution in Tanzania (jhu.edu) may already be in your library and I have referred to this in practice.
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Lyndon White
ADR Practitioner
Auchenflower QLD
+61408937632
Original Message:
Sent: 12-03-2021 08:19 AM
From: Chinwe Umegbolu
Subject: Snapshot of Alternative Dispute Resolution (ADR) in Botswana
In the grand scheme of legal transplant- legal transplant (pun intended) can move from a less complex society to a more complex society as opposed to Elisabetta Grande's assertion that "legal transplant that legal transplants usually take place from more complex societies to less complex ones."
To buttress the above viewpoint, the EVA episode 14 revealed that "Prior to introducing ADR in Botswana, they had Kgotla- a place where people who have disputes assembly or meet with the chief or with the elders to help them resolve their disputes. People go before the Kgotla and air their views, and the chiefs or elders review them, and the decisions are always arrived at by consensus."
Does that mean that litigation is an 'alternative' in Botswana or in the African Continent?
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Chinwe Umegbolu
PhD Student / Part-time lecturer
University of Brighton
Brighton
2413678907
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