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Community Mediation as a Hybrid Practice: The Case of Mediation Boards in Sri Lanka

Published online by Cambridge University Press:  07 July 2016

Sepalika WELIKALA
Sepalika WELIKALA*
Affiliation:
The Open University of Sri Lanka
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Abstract

Through an empirical study of the state-sponsored community mediation programme in Sri Lanka known as Mediation Boards (MBs), this paper examines this local-level mediation as a hybrid practice. Established as an Alternative Dispute Resolution mechanism, the MBs were initiated as a more effective and efficient alternative to the formal courts for local and minor disputes. In the case-study conducted on an MB, it was found that there is extensive replication of formal legal procedures alongside the mediators’ own cultural interpretations of disputes. By locating this hybrid practice theoretically within the framework of legal pluralism and its broad definition of law, an attempt is made to expand the scope of the pluralistic nature of law not only to include alternative forms of law, but also to understand the dynamic interactions between multiple normative orderings.

Keywords

community mediationSri Lankalegal pluralismAlternative Dispute Resolutionpopular justice
Type
Research Article
Information
Asian Journal of Law and Society , Volume 3 , Issue 2 , November 2016 , pp. 399 - 422
Copyright
© Cambridge University Press and KoGuan Law School, Shanghai Jiao Tong University 

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Footnotes

*

Senior Lecturer in Sociology, The Open University of Sri Lanka; PhD (Anthropology) and MA (Anthropology), University of California, Santa Barbara; BA (Sociology) University of Colombo, Sri Lanka. An earlier version of this paper was selected for the 2014 Stanford International Junior Faculty Forum held at the Stanford Law School, Stanford University where many helpful comments were received. I am particularly grateful to Gillian Hadfield and Stewart Macaulay for their insightful comments and suggestions. Correspondence to Sepalika Welikala, Senior Lecturer in Sociology, Department of Social Studies, The Open University of Sri Lanka, Nawala, Nugegoda, Sri Lanka. E-mail address: [email protected]

References

Abel, Richard L. (1982a) “Introduction,” in R.L. Abel, ed., The Politics of Informal Justice, Vol. 1: The American Experience, New York: Academic Press, 1–13.Google Scholar
Abel, Richard L. (1982b) “The Contradictions of Informal Justice,” in R.L. Abel, ed, The Politics of Informal Justice, Vol. 1: The American Experience, New York: Academic Press, 267–320.Google Scholar
Adler, Peter (1993) “The Future of Alternative Dispute Resolution: Reflections on a ADR as a Social Movement,” in S.M. Engle & N. Milner, eds., The Possibility of Popular Justice: A Case Study of Community Mediation in the United States, Ann Arbor: University of Michigan Press, 67–88.Google Scholar
Adler, Peter, Lovaas, Karen& Milner, Neal (1988) “The Ideologies of Mediation: The Movement’s Own Story.” 10 Law & Policy 317–339.Google Scholar
Bush, Robert A. Baruch, & Folger, Joseph P. (1994) The Promise of Mediation: Responding to Conflict through Empowerment and Recognition, San Francisco: Jossey-Bass.Google Scholar
ceylontoday.lk (2013) <http://www.ceylontoday.lk/27-24214-news-detail-case-withdrawn.html> (last accessed 15 September 2014).+(last+accessed+15+September+2014).>Google Scholar
Cohen, Stanley (1984) “The Deeper Structures of the Law or ‘Beware the Rulers Bearing Justice’: A Review Essay.” 8 Contemporary Crises 83–93.Google Scholar
Cohen, Stanley (1985) Visions of Social Control: Crime, Punishment, and Classification, Cambridge: Polity Press.Google Scholar
Department of Statistics (2012) <http://www.statistics.gov.lk/PopHouSat/CPH2011/index.php?fileName=Activities/TentativelistofPublications> (last accessed 15 September 2014).+(last+accessed+15+September+2014).>Google Scholar
ds.gov.lk (2012) <http://www.XXXXXX.ds.gov.lk/index.php?option=com_content&view=article&id=45&Itemid=57&lang=en> (last accessed 15 September 2014).+(last+accessed+15+September+2014).>Google Scholar
Fitzpatrick, Peter (1993) “The Impossibility of Popular Justice,” in S.M. Engle & N. Milner, eds, The Possibility of Popular Justice: A Case Study of Community Mediation in the United States, Ann Arbor: University of Michigan Press, 453–474.Google Scholar
Geertz, Clifford (1973) The Interpretation of Cultures. New York: Basic Books.Google Scholar
Gluckman, Max (1967) The Judicial Processes among the Barotse of Northern Rhodesia, Manchester: Manchester University Press.Google Scholar
Golbert, Rebecca (2009) “An Anthropologist’s Approach to Mediation.” 11 Cordoza Journal of Conflict Resolution 81–97.Google Scholar
Greenhouse, Carol J., Yngvesson, Barbara& Engel, David M. (1994) Law and Community in Three American Towns, Ithaca: Cornell University Press.CrossRefGoogle Scholar
Gunawardana, Michelle (2011) A Just Alternative, Colombo: The Asia Foundation.Google Scholar
Jayasundere, Ramani, & Valters, Craig (2014) Women’s Experience of Local Justice: Community Mediation in Sri Lanka, London: The Justice and Security Research and Asia Foundation.Google Scholar
Lederach, John Paul, & Kraybill, Ron (1993) “The Paradox of Popular Justice: A Practitioner’s View,” in S.M. Engle & N. Milner, eds., The Possibility of Popular Justice: A Case Study of Community Mediation in the United States, Ann Arbor: University of Michigan Press, 357–378.Google Scholar
Malinowski, Bronislaw (1926) Crime and Custom in Savage Society, Totowa, NJ: Rowman & Littlefield.Google Scholar
Marasinghe, M.L. (1980) “The Use of Conciliation for Dispute Settlement: The Sri Lankan Experience.” 29 International and Comparative Law Quarterly 389–414.Google Scholar
Merry, Sally Engle (1988) “Legal Pluralism.” 22 Law and Society Review 869–896.CrossRefGoogle Scholar
Merry, Sally Engle (1990) Getting Justice and Getting Even: Legal Consciousness among Working-Class Americans, Chicago: University of Chicago Press.Google Scholar
Merry, Sally Engle, & Milner, Neal (1993) “Introduction,” in S.M. Engle & N. Milner, eds., The Possibility of Popular Justice: A Case Study of Community Mediation in the United States, Ann Arbor: University of Michigan Press, 3–50.CrossRefGoogle Scholar
Ministry of Justice (2013) 2009 to 2012: Disputes & Settlement, Colombo: The Asia Foundation.Google Scholar
Moore, Christopher W., Jayasundere, Ramani& Thirunavukarasu, M. (2010) The Mediation Process: Trainee’s Manual, Colombo: Ministry of Justice.Google Scholar
Moore, Sally Falk (1973) “Law and Social Change: The Semi-Autonomous Social Field as an Appropriate Subject of Study.” 7 Law and Society Review 719–746.Google Scholar
Nader, Laura (1993) “When Is Popular Justice Popular?,” in S.M. Engle & N. Milner, eds., The Possibility of Popular Justice: A Case Study of Community Mediation in the United States, Ann Arbor: University of Michigan Press, 435–452.Google Scholar
Nader, Laura, & Todd, Harry F. (1978) The Disputing Process—Law in Ten Societies , New York: Columbia University Press.Google Scholar
Pavlich, George (1996) Justice Fragmented: Mediating Community Disputes under Postmodern Conditions, Oxford: Routledge.Google Scholar
Rogers, John D. (1987) Crime, Justice and Society in Colonial Sri Lanka, London: Curzon Press.Google Scholar
Shonholtz, Raymond (1984) “Neighbourhood Justice Systems: Work, Structure and Guiding Principles.” 3 Mediation Quarterly 3–30.Google Scholar
Siriwardhana, Cyrene (2011) Evaluation of the Community Mediation Boards Program in Sri Lanka, Colombo: Ministry of Justice.Google Scholar
Snyder, Francis G. (1981) “Anthropology, Dispute Processes and Law: A Critical Introduction.” 8 British Journal of Law and Society 141–180.CrossRefGoogle Scholar
The Asia Foundation (2012) Community Mediation in Sri Lanka, Colombo: Asia Foundation.Google Scholar
Tiruchelvam, Neelan (1984) The Ideology of Popular Justice in Sri Lanka: A Socio-Legal Inquiry, India: Vikas.Google Scholar
Wijayatilake, Dhara (2005) “Mediation and Arbitration as Alternative Methods of Dispute Resolution in Sri Lanka,” in P.C. Rao & W. Sheffield, eds., Alternative Dispute Resolution: What It Is and How It Works, New Delhi: Universal Laws, 182–190.Google Scholar
Wojkowska, Ewa (2006) Doing Justice: How Informal Justice Systems Can Contribute. Oslo: United Nations Development Programme, Oslo Governance Center.Google Scholar