Chapter 10 – Standards and Criteria for Selection of a Pilot

Chapter 11 – Potential Options for the Pilot

This chapter presents a range of choices for the pilot with options for focuses on diverse types or categories of disputes, mechanisms, services and service providers. The future pilot could focus on: 1) only one type or category disputes, one mechanism, related procedures and a specific type of service provider (such family disputes being resolved by customary authorities through customary procedures, or a similar focus of government supported or sponsored intermediaries serving as family mediators in the courts); 2) one type or category of disputes, with multiple mechanisms and service providers providing assistance in different parts of the country(such as land disputes with customary authorities and other intermediaries using customary procedures, mediation and/or arbitration in rural and urban areas); 3) a cluster of similar and related disputes, in rural and urban areas (with the latter often in court), using a combination of customary and mediation procedures provided by customary authorities and other government dispute resolution providers (such as a focus on the resolution of minor criminal offenses and pre-trial detention, in both community and urban contexts issues using customary procedures or mediation by customary or other intermediaries); or 4) the resolution of a range of types of disputes by one or more mechanisms and procedures by diverse service providers (such as a civil dispute resolution mechanism that would handle a range if types of disputes using diverse procedures and service providers).

There were several categories of disputes that participants in focus groups, interviewees and the Desk Review identified as being both the most common and very important to efficiently and effectively resolve. Each type could be the focus of a pilot or multiple pilots. The categories with the broadest support were: 1) a range of family disputes, and 2) land disputes (including housing and other property issues).

A second set of categories for possible focus of the pilot, with smaller but still a significant degree of support, included: 1) minor criminal cases, 2) disputes or offenses involving juveniles, and 3) pre-trial detention issues. (Customary authorities who participated in interviews or focus group meetings were opinion leaders for a pilot where they helped to resolve minor offenses, which could include juvenile offenses and pre-trial issues.

A Third set of conflicts that interviewees, focus group participants and the Desk Review indicated were important to resolve, but not as common as those listed above included disputes over payment of debts, breaches of contracts, landlord-tenant issues, employer-employee relations, obligations to engage in activities of benefit to the community (such as brushing roads and trails), and religious issues and practices. (It should be noted that a pilot with multiple focuses could also address some of the family, land, minor criminal and juvenile disputes mentioned earlier.)

The fourth set of disputes identified by focus groups included 1) disputes between communities, and 2) disputes between communities and concessions. These are principally intergroup disputes, and may potentially be beyond the scope of issues appropriate for the current pilot.

Next Steps for the MOJ and its Partners

1. 
   Select one or more types of disputes that will be the focus of the pilot.
   
2. 
   Determine the institutional home where the governance, management and services of the pilot (the mechanism) will be located (such as within the MOJ, the Judiciary, specific Courts, other partner organizations, customary communities, or a combination or partnership of the above).
   
3. 
   Specify the preferred procedures be used by the pilot to resolve disputes (e.g. customary dispute resolution, mediation, arbitration and so forth).
   
4. 
   Specify the preferred service providers who should be the focus of the pilot
   
5. 
   Identify individuals from the key institutions that will or need to be involved in the pilot, who will participate in a future Designshop – a workshop to develop a plans and strategies to implement the selected pilot.