Briefly

For Mediation to Persist, the Adversarial Culture Has to Die

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Abstract

The introduction of the Western-style judicial system in Rwanda has brought about a change in how conflicts are viewed and resolved. The adversarial culture, where disputes become contests with winners and losers, has persisted despite efforts to build a justice system that reflects Rwandan values. This article explores the need for mediation to persist in order to overcome this cultural shift.

Introduction

The Western-style judicial system was introduced in Rwanda, bringing new procedures and a way of thinking about conflict. The adversarial culture it brought has persisted, with disputes becoming contests for a judge to referee. However, as Rwanda builds a justice system that reflects its own values, the need for mediation to persist becomes clear.

Background

The introduction of the Western-style judicial system in Rwanda was a significant change from traditional methods of conflict resolution. The new system brought about a shift in how conflicts were viewed and resolved, with disputes becoming contests for a judge to referee. This cultural shift has had lasting impacts on Rwandan society, despite efforts to build a justice system that reflects its own values.

Analysis

The persistence of the adversarial culture in Rwanda's justice system is a significant challenge. To overcome this, mediation must continue to play a crucial role. Mediation allows for conflicts to be resolved through dialogue and mutual understanding, rather than through competition and winners and losers. This approach is more in line with Rwandan values and can help to build trust and confidence in the justice system.

Conclusion

In order for mediation to persist in Rwanda, it is essential that the adversarial culture is overcome. This requires a shift in how conflicts are viewed and resolved, with a greater emphasis on dialogue and mutual understanding. By prioritizing mediation, Rwanda can build a more just and equitable justice system that reflects its own values.

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