During the course of this month, 36 mediators from three Counties to include, Montserrado Margibi and Bong were trained by the Accountability lab and the Citizens Bureau for Development and Productivity in understanding formal and informal justice systems as it relates to mediation.
The derivation of structure and power was discussed. For example, Formal mechanism derived their structure and power from the laws, policies and regulations made by the government. They operate as part of the government and are funded by the state.
The court forms the center of the formal justice sector and includes judges, prosecutors, defense attorneys, staff that support the operation of the courts, and those who provide court mandated services to survivors. They were made to understand that the formal justice sector includes non-court mechanisms, such as arbitration, mediation or restorative justice. Law enforcement officers, such as police also interact closely with both the formal and informal justice sector.
On the other hand informal mechanism derives their power from social groups or community structures and is not a part of the government. Social groups and structures can include specific ethnic or faith communities, rituals or traditions, indigenous governance systems or local community organizations. The informal justice sector often has as its center leaders or decisions makers who are chosen by the community that uses the mechanism. They may be paid by the parties, by an outside entity, or may provide their services free of charge as part of their expected role in the community. The community and the public at large also often play an important role in informal proceedings and enforcement of decisions.
Informal justice mechanisms pose many risks to women and girls victim of violence. The danger of mediating violence against women was discussed. Cases of violence against women involve unequal power relationships between the parties, based on acts of assault, violent intimidation and/or controlling, abusive, or humiliating behavior, mediation assumes that parties approach the process with equal resources and power which is often not the case in these situations. Though experts recommend that law prohibit mediation in cases of violence against women, mediation continues to be used in many cases of violence against women in countries around the world.
The mediators were trained in the dynamics of violence against women, particularly domestic violence through the “caucus approach” whereby the parties are heard separately with few persons or an individual to uncover related problems that may be the main cause of the misunderstanding. This is to consider that all mediation programs, whether in the informal or formal sectors, should include a screening process to identify and refer cases that are inappropriate for mediation.
Factors of differentiation between formal and informal justice sectors include and not limited to:
For their purposes, the formal justice deals with legal misbehavior while the informal justice deals with moral behavior. For punishment, the formal deals with enforcement according to state policies while the Informal is based on personal decisions. For discrimination, the formal does not entertain any discrimination amongst citizens whereby with informal mediation, there are huge discrimination amongst citizens and their communities (for example a victim of rape is told to marry the perpetrators to cover a crime committed by someone considered to be important by the decision makers which is void of the law).
For violations, punishment by the formal does not violate human rights whilst punishment by the Informal might violate human rights and constitutional rights.
Given the above, mediators were attention to take cue as the purpose of our mediation process is to promote justice and peaceful co-existence and not to be in violation of the law.
Key take away involving violence against women include and not limited to:
• Women should always be allowed to opt out of mediation process and should be provided with the resources to support them in doing so.
• Parties in mediation should be encouraged to have supportive persons accompany them to sessions and seek outside legal council
• Parties in mediation should be given the option of shuttle mediation, where they do not have to be physically present in the same space during the process
• These principles should be kept in mind any time mediation involving women has started
