Comparative Analysis of Traditional and Modern Courts in Conflict Resolution: The Case of Ambo Woreda

Abstract

The objective of this research is to compare the traditional and modern co urt conflict resolution in Ambo woreda. To accomplish this, the study employed qualitative research approach, which involves descriptive design. Essential data for the study were gathered from both primary and secondary sources. Tools such as key informant interview and focus group discussions non-participant observations were used for collecting data based on the objectives of the study. Accordingly, Ambo woreda was selected through availability sampling. Then, elders (leaders of traditional courts) and judges (focal person of the traditional court from modern court) were selected purposefully for the interview and for focus group discussion. Then the data obtained from sources were organized thematically and analyzed qualitatively. The results of the study reveal that there are many causes of conflict in the study area like issues related to land, unwillingness to return loan, inheritance, divorce and the like. In addition, traditional court is more advantageous than modern court in restoring previous relationship, controlling cases, minimizing costs, geographic proximity and related issues that modern court cannot provide in affordable manner. Moreover, this study also investigated the attitude of local community to traditional courts as they prefer more traditional court. The study also disclosed that conflict resolution via traditional court is more effective than the modern one in speedy, revealing hidden truths and reducing appeal. Generally, traditional court which is operating based on the norms and values of the society and led by elders is more advantageous, preferred and effective than the modern court in the study area. Based on the findings, the researcher conclude that government and other concerned bodies working on conflict resolution and peac e building should give due attention for the recently established traditional court in Oromia National Regional State in general and the study area in particular.