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Sentimental Approach: A Profound Yoruba Alternative Dispute Resolution Method
University of Lagos
Lagos State
ABSTRACT
Scholars have put forward different
African Traditional approaches to conflict resolution, and each approach has been developed within
the reality of African communities. Peculiar to existing approaches is the semi-passive function assigned
to conflicting parties and huge reliance on justice, truth and equality, with little role assigned to
sentiments or emotions. Research, among the Yoruba in Nigeria, brings to the fore the role sentiments play in
conflict resolution, as well as the duty of the conflicting parties.
Keywords: Alternative dispute
resolution, Complementary approach, Conflict resolution, Yoruba Family, Sentimental approach,
Africans are a people with a space
for sentiment in their day to day activity; this is reflective of how they interact among themselves. Real life
experiences show that Africans come together just because they share common sentiments as Africans. There
are stories of Africans who became friends outside Africa just because of their colour, language,
tribe, religion, common heritage, etc. These are sentiments that find expression in the different aspects
of the life of Africans, such as marriage, business transactions, and conflict resolution is not left out,
as conflicts are also resolved through sentiments.
Facilitators are trained in handling their own emotions so as not impede resolution. Daniel Goleman's(1995, 1998) works in Emotional Intelligence and Working with Emotional Intelligence, identified the role of emotion in conflict resolution. For Goleman, (1995) emotional intelligence is a set of skills that anyone can acquire to facilitate work performance, in this case, to facilitate conflict resolution.
The model of sentimental approach to
conflict resolution is found in the method used in a typical Yoruba family setting, where one finds that
conflict resolution was one of the major functions of traditional political institutions across levels
(urban, village, neighbourhood or household) among the Yoruba. (Albert, et. al. 1995).Of interest, in this
work, is the nuclear family where the head of the family known as the baálà has the dual function of being the
head of the family, as well as a mediator whose judgement in disputes resolution among members of his
family is highly respected. The baálà is the chief lawgiver and magistrate of the compound (Fadipe, 1970, p.
106). Family disputes may vary from conflicts among co-wives, brothers and sisters, and street
fights involving children, sharing of the property of the deceased, etc. It is
in resolving
these conflicts that the baálà keeps peace and order in his household.
LITERATURE REVIEW
These different approaches to
conflict resolution in pre-colonial African societies have been succinctly appraised by Basil Davidson (1973);
Omoniyi Adewoye (1977), and they include: Negotiation method, Arbitration Method, Mediation
Method, Adjudication Method, Reconciliation Method. Negotiation, as an ADR, is a
collaborative and informal process through which conflicting parties communicate and, without any
external influence, try to achieve an outcome that can satisfy both (Raiffa, 2002). Negotiation harmonizes the
interests of the parties concerned. In traditional Yoruba society, peace was negotiated, apology for wrongs
done to individuals and the entire community was a feature of negotiation.
Such apology was channelled through Yoruba elders, compound heads and chiefs of high calibre in the society (Olaoba, 2005, p. 220).
The mediators usually endeavoured
that peace and harmony reigned supreme in the society at whatever level of mediation. This is also
usually couched with the dictum of no victor no vanquished as buttressed by the maxim (Isurmona, 2005).
Mediators are usually sought from within the communities or societies of the parties concerned.
Adjudication Method in African
Traditional society involves bringing all disputants in a conflict to a meeting usually in the chambers or
compounds of family heads, quarter heads and palace court as the case maybe (Olaoba, 2005). This is with
the aim of persuading conflicting parties to end the dispute and restore peace. This restoration of peace and
harmony is always anchored on the principle of give a little and get a little. This idea buttresses the
idea of the disputing parties to give concessions (Olaoba, 2005). The reconciliation function is practiced
by an authority figure that mediates between conflicting parties but is empowered to make binding judgments.
The purpose is not to render a judgment in law but to reconcile the conflicting parties and its norms.
The relationship between the authority and the community is cushioned by community representatives who
advise authority (William, 2000, p. 22).
Another process is reconciliation. This
is an approach in conflict resolution by means of which a conciliator meets the parties separately, and
aims at the resolution of their differences. The conciliator is usually an expert with skills that allows him
to lower tensions between the parties as a first step for finding common ground. After which he will be able
to communicate effectively with the parties in order to understand all the issues that generated the
dispute”(Carneiro et al., 2014, p. 28).For one of the conflicting parties to
have come
to the tribunal, it means that party is ready or agreed to settle or resolve
dispute. Although this not always the case (Ajayi, & Buhari,2014).
The interviews for this work were then adapted to investigate the nature, and conditions for the use of sentimental approach in conflict resolution. The data gathered from this study are presented using a descriptive method of analysis.
RESULTS
Forty males (fathers) and ten
females (mothers) constituted the heads of the family who were interviewed for this study. Two children from
each of the fifty families (sixty male and forty females) were interviewed to know if sentimental approach had
ever been used in the family and how effective it was. Amazingly, all the heads of the families (male and
female) have used and are still using the sentimental approach to resolving conflicts among their
children; and all the children have been active participants in the use of sentimental approach to conflict
resolution. Sentimental
approach had helped in resolving conflicts such as: (i) typical sibling
squabble or rivalry, it worked
for both old and young members, but it is more effective among older children;
(ii) conflict resulting
from jealousy; (iii) conflict resulting from perceived injustice in the
division of property after the death of a parent; (iv) crisis resulting from the choice of
who to bear the title of a family; (v) crisis resulting from dispute over land. According to respondents,
sentimental approach is quick and sentiments helped to resolve immediate and impending conflicts. It gave the
children a stronger sense of bonding and moved them beyond the immediate conflict. It also empowered
them (children) to resolve conflicts without much difficulty.
The responses to the interviews show
that members of a typical Yoruba family are aware of the existing methods1of conflict resolution and all in
their responses alluded to the power of sentiment in conflict resolution. They all made references
to the saying that one should not wash one’s dirty linen in the open (Ma fo idoti re niita) which means
that conflicts are to be resolved within the families.
Respondents believed that there is no conflict that is bigger than the family tie and the different situations or conflicts that have broken up families in the past were due to weak family ties.
(i) The fact of sharing a common heritage as members of the same family: The family is a strong unit among the Yoruba, such that the fact of being a member of a family already creates a strong bond that is guarded jealously. Respondents highlighted that “even a mad person is still counted as a member of the family as s/he is fed whenever s/he comes around to the family house.” The family unit creates a common sentimental ground for the conflicting parties. They are reminded of the values of being members of the same family.
(ii) History of principles that led to family success or instructions that had been handed down from their forefathers, which must be followed in order to maintain peace among siblings: Most Yoruba family unit are linked to particular history and very often, to respected personages who, while alive had authority. This history guides and sustains relationships in the family. According to respondents, departure from history can bring about punishment, and such punishments vary from lack of success in future endeavours, to bad name or repute and it may also lead to shortness of life. Respondents believe that such consequences are usually generational. To resolve conflict, history is invoked as the person trying to resolve conflicts must have “a good knowledge of all parts of the city, the local traditions of the people and most of the leading personalities in the different families and wards” (Albert, et al. 1995).This is of utmost importance because recounting history usually invokes a feeling of a common heritage shared by the conflicting parties.This inspires resolution and future working together in peace. The third party must know history very well in order to raise positive sentiment in the conflicting parties. Knowledge of history helps in order to be able to make particular references to incidents that have strengthened family bond in the past and to point out the damaging consequences of unresolved conflicts among family members.Respondents believe that what happened in the past can still happen and so would rather let go of conflicts than break up family ties.
(iii) A belief that brothers and sisters should not be fighting as if they are not related: Outside-the-family-conflicts are not prohibited, especially when it is to claim family rights, family asserts, family position, in pursuance of justice for a member of the family, to defend the name of the family, etc. But conflicts are meant to end outside the family. This family bond can also be invoked among members of a family just recovering from the consequence of past conflict, and so members are quickly reminded of the pain and losses experienced during previous conflicts and are told to avoid a repeat of history. Brotherhood, as they say, is stronger than the attractions of things that can cause conflict. (iv) There is a sense of common ownership of property, name, and goodwill: Siblings are not to be fighting as if they are from different mothers (omoorogun this is symbolic of rivalry and envy). Envy is not to be 1Negotiation method; Mediation Method; Arbitration Method; Adjudication Method; and Reconciliation Method. given a chance to destroy the family bond. Siblings are not to be fighting as if they do not share a common bond, right, legitimacy.2
(v) Siblings should not allow outsiders to laugh at either them or their family for not being able to live together in peace: Responders clearly stated that, in order to resolve conflicts, parties do everything that can prevent shame to the family. No conflict is considered too big to sacrifice in order to avoid bringing shame to the family. The invocation of the possible consequences of the conflict (family members becoming a laughing stock of the extended family/clan/town; loss of family heritage or title; etc.) in order to raise sentiments and prevent what can smear dirt on the image of the parties.
(vi) The consequence of conflict is never totally repaired: All held that the marks of conflicts never go away. There may be attempts to repair the consequences but life never goes back to the same.As they say a daniloro, nfiagbárakoeni (one who hurts, makes one stronger). Crisis only makes one evolve ways of survival in order to beating the other party to the game of peace. The respondents totally agree that family conflicts destroys the fundamental principles of existence such as community living, and for most of them, conflicts lead to departure from the dictates of forebears and ancestors. Conflicts can also make families lose their sense of African pride; it gives a totally wrong description of an individual or family. For example, a family that is prone to frequent conflict becomes notorious and is described as such; people tend to avoid such families in business transactions and other relationships.
(vii) There is a reference to what many but not all the respondents call religion of their fathers: Sentiments were whipped up around family divinities especially the ones that are related to settling land disputes or truth telling. Respondents identified with the belief that disputes can anger family divinities, and there are divinities that forbid members to get into disputes, and this is extended to families that have such divinities.
CONDITIONS NECESSARY FOR SENTIMENTAL APPROACH
From
the different responses, one can clearly state that there are four fundamental
conditions for the application
of the sentimental approach to conflict resolution: first, there must be a
seeming or real conflict situation.
This approach can serve as a preventive as well as a resolving approach to
conflict resolution.
Once there is an insight into
possible conflict situation, the third party begins his work of raising
sentiments to
preventing a conflict situation, and the same is done in the case of an actual
conflict situation.
Second, this include the
availability of a knowledgeable third party who may be the oldest member of the family (parent or one of the
siblings) or any knowledgeable member of the extended family who has what it takes to raise sentiments in the
minds of the conflicting parties. The personage must, at least, know the history of the parties involved in
the conflict. Africans are a people of history; a keen sense of history resolves a lot of issues; inspires
sacrifices; and creates grounds for future peace. All over Africa, elders are respected as trustworthy mediators
because of their accumulated experiences and wisdom.
These roles includes, pressurizing, making recommendations, giving assessments, conveying suggestions on behalf of the parties, emphasizing relevant norms and rules, envisaging the situation if agreement is not reached, or repeating of the agreement already attained. (Bright-Brock, 2001, p. 11) This may be done when both conflicting parties are together or separately. The intervention usually begins with a detailed invocation of praise of the individual parties, and their roles as members the family unit.
The third party, or knowledgeable party may, in the present day, include religious leaders or representatives of respectable institutions. Respondents stressed the value of the role of religious leaders in conflict resolution. In line with this, scholars of peace and conflict studies (Appleby, 2006; Johnston, 2007; Abu- Nimer, 2001), are very much aware of the role religion can play in conflict resolution even though many have also pointed to what religion can do at times to instigate conflict and truncate the process of peace-making.
This is because religious leaders are believed to posses respected set of values; moral warrants to oppose injustice; unique leverage for promoting reconciliation among conflicting parties; capability to mobilizing community, nation, and international support for a peace process; and a sense of calling that often inspires perseverance in the face of major and otherwise, debilitating obstacles(Smock, 2008).
2Conflicts
are frequent between co-wives within a household or the compound and it is made
worse if the husband
is known to always favour one woman more than the other(s), this usually
results in jealousy among
the wives. This ill feel usually leads to verbal abuse and if not cubed on
time, physical abuse.
The third condition for the use of sentimental approach is the existence of a level of commonality (heritage, interest, religion, regional interest, trade interest, colour, etc.)This approach is most suited to resolving conflict between parties that have some common base that they would like to preserve as is the case among family members. It is the common realities that members share that make it possible for the third party to raise sentiments that are capable of restoring and sustaining peace among family members. Such sentiments are referred to in future to prevent a repeat of past crisis or new ones. Common-interest may also include religion.“Religion is a source not only of intolerance, human rights violations, and extremist violence, but also of non-violent conflict transformation, the defence of human rights, integrity in government, and reconciliation and stability in divided societies” (Appleby, 1996). David Smock cites religion as a means of mediation of the short-lived 1972 peace agreement in Sudan as well as apartheid, and the peaceful transition in South Africa (Smock, 2006). In the Yoruba families, there may be cases of common divinities and cultures, which also create common grounds for sentimental approach.
The fourth and the most important of the conditions for sentimental approach to conflict resolution is the self-realization on the part of the conflicting parties, to resolve crisis and make a resolution not to allow future conflicts. This is where the work of the conflicting parties begins. The idea and contents of the sentiments raised would have been accepted and steps to let go of the heat raised by the conflict doused.
The conflicting parties then begin to discuss and allow issues to die on the altar of sentiments. Sentiments such as “we are brothers”, “blacks”, “Christians” , “Muslims”, etc. occupy the mediation table and discourse, and possible consequences or implications of the conflict for the future of the family(ies) and the individual(s) are enumerated in a way that will show that averting crisis is better than the looming crisis.
Sentiments are raised in the conflicting parties in order to make resolution more interesting to them.
DISCUSSIONS
From the findings, it is obvious that there is a sentimental approach to conflict resolution in the family unit among the Yoruba. Sentimental approach to conflict resolution is modelled after Yoruba nuclear family approach to conflict resolution. The family set up among the Yoruba has always had a mechanism for conflict resolution because it is a normal part of human existence to have and to resolve conflicts. Among the Yoruba, it is believed that secrets are meant to be kept within the family, and by extension, family heritage should be preserved from damage.Even if for sentimental reasons, siblings should not allow outsiders to laugh at them as well as their family for not being able to live together. As it is said, one is never expected to wash one’s dirty linen in the open (Ma fo idoti re niita). Sentimental approach to conflict resolution shifts attention from the emotion of the mediator to the emotion of the conflicting parties by whipping up sentiments or emotions in the conflicting parties. This approach invokes sentiments built around the persons, family, names, heritage, etc. of the conflicting parties.By so doing, it is expected that
the conflicting parties will retreat from the conflict and resolve their differences in other to keep the family name, heritage, and respect that the family has enjoyed in the past. Family members would rather resolve the conflicts they have than be the laughing stock of others/outsiders.
Sentimental approach to conflict resolution is not about justice or right; it is true to its name, it is based on family sentiments, relationship sentiments, future benefits sentiments, avoidance of shame sentiments. And as an approach, it has three fundamental characteristics. First, it is very often a complementary approach.It is best when it is combined with other approaches of conflict resolution. This is not to say that it cannot resolve conflict alone. The complementary nature is visible when after conflicting parties have overlooked the issues that led to the conflict, elders who seek either the truth or justice begin to mediate. At this level, there is conducive atmosphere for mediation and resolutions not to allow conflicts in future. Second, it allows the mediator to initiate resolution but leaves the bulk of work with the conflicting parties. Having raised high sentiments in the minds of the conflicting parties, the third party withdraws and allows the parties involved in conflict to continue the work as they make moves to amend their positions as this is made visible to others, either through expressed gestures, sitting positions or verbal utterances. For the most part, the third party become onlookers who come in occasionally to ensure that the process runs to a
good conclusion. The third party ensures that there are no outside influences that can dampen the raised sentiments. Third, it goes beyond resolving current crisis to preventing future crisis. This is the strength of the sentimental approach, and it is so because, the approach traces the history and lineage of the conflicting parties. Since history and heritage do not change, the sentimental attachment to them should not change either, making it possible to avoid conflicts in the near future.
POSSIBLE CRITIQUE
CONCLUSION
This is not the first work on the ADRs, neither is it the first work to reflect the role of emotion in the discourse of conflict resolution approaches. However, this work differs from other emotive theories that focus on the emotion of the mediator, here the emotions of the conflicting parties are the focus. Unlike others approaches that resolve existing crises with a hope for lasting peace, sentimental approach creates a disposition to ending existing crisis and avoid future ones by essentially touching on the core values of common existence and relationship between rival parties. Essentially, sentimental approach appeals to the
emotion and passion of the parties involved in conflict. It is not for the third party to recommend solution whether bidding or not.
The primary aim is to create an atmosphere for resolution, such that other methods or approaches can work.
Sentimental approach to conflict resolution has the same advantage as existing alternative approaches to conflict resolution, as there are no long list of cases as exists in courtrooms, there are also, fewer protocols to follow when ADRs are used. In terms of cost, experience has also shown that ADRs are cheaper, more dynamic and flexible, allowing to adapt to the needs of the parties (Carneiro et. al., 2014, p. 34).
Sentimental approach recalls the heritage of the conflicting parties so as to situate the conflict in history; this is usually to remind the parties about the sentiments that have guided their past relationship in view of future relationships. This process of raising sentiments usually strengthens existing bond, and once conflicts are resolved, future relationships are protected. Raised sentiments place the burden of peace on the conflicting parties in such a way that they look beyond justice or truth to what can be done to restore and maintain peace. In other alternative approaches to dispute resolution, disputing parties are encouraged to
state their case while the authority listens in other to be fair in their judgement, but in a sentimental approach, a third party recount of history and heritage, is enough to initiate the resolution process because the approach is not always interested in who is at fault or not but a restoration of peace based on family ties. This leads to personal resolves to protecting the family-front and avoiding external interference. The reliability of sentimental approach is in the fact that parties testify to its effectiveness and are not coerced or forced into accepting conditions for peace rather, they willingly resolve conflict in order to preserve their
common heritage. The personal commitment to resolving conflicts usually leads to lasting peace because a sense of the common energy that is strong enough to resist future crisis is generated in the parties and this shields them from future conflicts as well as ridicules from outsiders.
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Good draw knew bred ham busy his hour. Ask agreed answer rather joy nature admire wisdom. Moonlight age depending bed led therefore sometimes preserved exquisite she
Two indeed suffer saw beyond far former mrs remain. Occasional continuing possession we insensible an sentiments as is.
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