Analysis of mediation processes on land conflict management (original) (raw)
Related papers
Mediation of Land Disputes in South Sumatera Province
2020
Land is a natural resource that is very valuable for human life. Limited land availability creates separate disputes for humans. The cases of land disputes in South Sumatra Province, according to the Head of the Regional Office of the National Land Agency, were 27 cases, 18 cases have been completed and 9 cases have not been resolved. This study aims to analyze how the mediation of land disputes in the province of South Sumatra. The method used in this study is the study of literature by finding referrals that are relevant theories with cases or problems found. The reference is used as the basic foundation and main tool for research practice in the field. The findings in this study are that the mediation process carried out by the Regional Office of the National Land Agency is not in accordance with the Minister of Agrarian and Spatial Planning / Head of the National Land Agency No. 11 of 2016 concerning the settlement of the Land Case. The factors that influence the success of the ...
The current study sought to examine the efficiency of the Alternative Dispute Resolution (ADR) mechanisms in addressing land conflicts among the residents of Mombasa County in Kenya. Specifically, the study sought to examine how negotiation as an ADR addresses land disputes in Mombasa County; determine the extent to which Conciliation as an ADR addresses land disputes in Mombasa County and to determine the extent to which Mediation as an ADR addresses land disputes in Mombasa County. The study was guided by Traditional Justice theory and the Resource Based theory. The researcher employed the descriptive research design to study all the parties involved in the registered land disputes with the office of the National Land Commission Coordinator in charge of Mombasa County through the application of purposive random sampling technique. Questionnaires with closed and open-ended questions were used to collect primary data while secondary data was collected from end year reports on concluded and pending ADR cases, National land Commission exit report, the constitution of Kenya, 2010, National Land Commission Act, 2012 and Land Act, 2012 over the 5-year period that is 2014-2018. Results from the study indicated that negotiation, conciliation and mediation are the common Alternative Dispute Resolution mechanisms commonly applied in solving land cases in Mombasa County. However, it was noted that most disputants do not largely prefer negotiation as an ADRM since decision arrived at in negotiation to a low extent is acceptable to the disputants. The study results revealed that conciliation is one of the effective methods in addressing land conflicts. The study results also indicated that mediation is one of the most effective approaches in effective dispute resolution but the National Land Commission is dismally using it in addressing land disputes. This study concluded that however there exist other ADR mechanisms, negotiation, Conciliation and mediation are the common approaches applied in Mombasa County to solve land disputes. There is need for the National Lands Commission as a matter of policy formulation and implementation, to increase awareness among all the parties involved in land dispute resolution. This will reduce the financial burden of the disputants as well the huge backlog of the land cases pending litigation. It is time for ADR mechanism to relieve the disputants hope in land dispute resolution.
Management and entrepreneurship: trends of development, 2020
Dispute resolution is indeed difficult to do, but that does not mean that it is impossible to materialize. The main capital of settlement through mediation is the willingness and good faith of the disputing parties to end the dispute that occurs between the two disputing parties. The purpose of this study was to analyze the mediation of land disputes between PT Perkebunan Nusantara (PTPN) VII Cinta Manis and Rengas Village Farmers, Ogan Ilir Regency, Sumatera Selatan Province. The research method used in this research is descriptive qualitative method. Data collection techniques are by means of interviews, observation and documentation. The findings in this study are that there is no neutrality of the mediator in resolving land disputes so that the mediation fails to reconcile the two parties to the dispute. The factors that determine the success of the mediation process are volunteerism to carry out mediation, confidentiality, and neutrality of the mediator. The conclusion in this study is that mediation will work well if the parties voluntarily agree to mediate and the mediator can be neutral in resolving land disputes.
Land and Conflict in Balovpur Village: The Role of Land Mediation
Because of changes in some underlying factors, the land is increasingly becoming a source of conflict in rural areas of Bangladesh. One of the greatest issues Bangladesh is currently facing is the resolution of land disputes, which are causing endless difficulty in the lives of a significant percentage of the people. It adds to the already overburdened judiciary's caseload. Resolution of property disputes in Bangladesh is exceedingly difficult, laborious, long, and exorbitant due to a weak legal structure, delay in judiciary land arbitral proceedings, and rampant corruption in land administration. This Study examines the numerous types of landrelated conflicts that exist in Boluvpur village in Cumilla district, to highlight the legal concerns and obstacles that arise in their resolution. The research is conducted through primary and secondary data sources and primary data collected by interviews and mixed questionnaires. The author contends that to solve legal concerns in the settlement of land disputes regarding villages, the outdated land-uses planning system would require fundamental revisions and provide more recommendations.
LAND DISPUTE SETTLEMENT IN UGANDA: Exploring the efficacy of the Mediation option
Uganda Living Law Journal, Vol. 5, issue of June 2007; A Publication of the Uganda Law Reform Commission, 2007
It is without doubt that land disputes are the order of the day in Uganda. From litigants to mediators, cases involving hostilities ranging from strangers and neighbours to family relations and friends keep surfacing up before all sorts of tribunals either mandated by the government or not, nevertheless, recognized by the warring parties. This paper seeks to explore the efficacy of alternative dispute resolutions, particularly mediation, over land disputes in Uganda. It does not venture to a great length into the merits and demerits of mediation per se but generally looks into the most effective way of handling mediation so as to achieve its purpose in resolving land disputes. It taps into the current law and practices on mediation and balances its effectiveness by relating it with an appreciation of similar mediation activities in other jurisdictions. The paper thus attempts to move for a greater focus on mediation as an alternative strategy in resolving land disputes as opposed to protracted litigation before land tribunals and as such proposes new perspectives geared towards the round table option of mediation.
This study examined the practices and challenges of customary conflict resolution mechanisms in rural land use and land related dispute resolution in Bahir Dar Zuria Woreda of Wojer, Feresewoga, and Tentakerkose, Sebatamite, and Lejome kebeles. To achieve the objectives, the study has employed qualitative research approach with case study research design by using primary and secondary sources of data. Data were collected using focus group discussion, interviews, and nonparticipatory observation; and relevant literatures and documents are reviewed. Informants were selected based on purposive and snowball sampling methods. The total number of informants participated in this study were 91. The data were analyzed qualitatively through the use of thematic analysis. The findings of this study indicated that shimglina customary conflict resolution mechanisms played great role in land dispute resolution. The strengths of shimglina in which, people prefer it over the formal legal system were, in terms of time, resource, accessibility, and restoring the broken peaceful interaction. The study found that land use and land related disputes are increased. Also, the study revealed that shimglina faced many challenges that hinder its effectiveness in the resolution of land use disputes. Unless the underlying challenges of shimglina are not solved, the effectiveness of the mechanism in the resolution of land dispute is difficult. The absence of clear legal and policy framework in the practices of shimglina in rural land use disputes, lack of attention to shimglina by the government, the absence of strong enforcement mechanism, the influence and intervention of the government and politicization of shimglina are the major challenges in the practices of shimglina in rural land disputes resolution. The government should give attention to shimglina in rural land disputes for peaceful coexistence and community solidarity. The study established that shimglina as an indigenous conflict resolution mechanism plays a significant role in rural land use dispute resolution. In dealing with cases arising from rural land use dispute, Shimaglies (elders) play vital roles which include arbitration, mediation, decision making, peace-making, peacebuilding, permit traditional oath and link the living with God. This study recommends that; the government should give attention to shimglina in rural land use disputes resolution for peaceful coexistence and community solidarity, make detailed legislation and policies.
Problem of land conflict in Southeast Sulawesi, Indonesia during 2015 until now, has become a phenomenon which has the potential to threaten the stability of social interaction among citizens. During this time, the handling of land conflict has been pursued, among others through mediation, complaints to ministries, demonstration and court. The handling of land conflict, however, it does not seem to provide satisfaction for the parties which in conflict. The aim of this research is to create a new model for resolution of land conflict through mediation integrating legal aid based on college in South East Province, Indonesia. This research uses normative legal research based empirical social. The result of research shows that resolution for land conflict through the court, is less effective considering the culture of the people of Southeast Sulawesi in a primordialistic society which still holds the values of kinship and so tight social relation. In author’s opinion that the mediation integrating legal aid based college, is appropriate resolution for land conflict, since it could yield win-win solution for the parties.
Indonesian Journal of Advocacy and Legal Services, 2021
This study aims to provide another alternative in resolving conflicts in Lerep Village which is called the District Court (Peradilan Desa). The village court aims to help resolve conflict problems in Lerep Village so that there is no accumulation of cases in the surrounding District Courts. Village justice is carried out by familial mediation between the person in dispute with the head of the local hamlet and the village head. The decisions given are in the form of suggestions from the hamlet head and village head which are not binding. District justice (Peradilan Desa) is a win-win solution to the conflict in Lerep Village. However, the implementation of this District court still has shortcomings. One of them is the district court does not yet have a reference for regulations in its implementation. Another deficiency is the lack of knowledge in the legal field of the parties acting as intermediaries, such as the hamlet head and village head. The research method used in this researc...
International Journal of Social Sciences and Management
Village head act as mediator in solving villager’s dispute. However, on the other hand, village head act as implementer of village governance. Therefore, questions arise concerning why village head should become the mediator in solving villagers’ dispute, concerning mediator should be neutral side in reconciliate all related parties. Method used in this study was normative legal research with philosophical approach, concepts, cases, history and statute approach. Theories and concepts used in this dissertation includes legal objectives theory, authorization theory, dispute solving theory. Results and discussion: Consideration of village head given obligation as mediator in solving villager’s land rights dispute, village head act as implementer of village governance, with the authority given by statute and authority based on origins, village head acts as the village reconciliation judge. The existence of village governance was very close with the villagers itself starting from the hea...
International Journal of Advanced Research (IJAR), 2018
This paper is based on a research on the phenomenon of agrarian conflict that took place in Southeast Sulawesi Province, which increased throughout 2016 to 2018. Generally this conflict is triggered by a dispute over rights of land ownership, either between individuals or groups or with companies which is in Southeast Sulawesi Province of Indonesia. During this time the agrarian conflict is resolved through a court or so-called litigation dispute settlement. Settlement of litigation disputes still seems to cause various problems, among others, increasingly triggering the social estrangement for the people of Southeast Sulawesi who are still firmly holding the values of kinship. Besides the high cost litigation model, it takes a long time. The proposed mediation model by integrating The Role Of College?sThe Institute for Legal Aidwhich researchers recommended in the previous study suggests that the mediation model within the Southeast Sulawesi community culture context is very effective in dealing with agrarian conflict, because it offers a fairly efficient, non-cost dispute resolution process , and does not take a long time. The effectiveness of the mediation model can help the work of the courts in Southeast Sulawesi with respect to the buildup of incoming cases.