African Administrative Law (Law/Governance/Public Admin crossover) | 21 January 2009
Traditional Dispute Resolution Mechanisms in Access to Justice: A Comparative Exploration in Seychelles
K, e, r, l, i, n, e, R, a, v, i, é, s, -, D, u, m, o, n, c, e, a, u
Abstract
Traditional dispute resolution mechanisms have long played a significant role in access to justice across diverse societies, including Seychelles where indigenous legal systems coexist with formal legal frameworks. The research employs a comparative approach, analysing data from interviews with community leaders, court records, and legal literature. A thematic analysis framework is used to interpret findings across different regions of Seychelles. Traditional dispute resolution mechanisms are particularly prevalent in rural areas where they account for approximately 40% of all justice cases heard by local courts, highlighting their relevance in addressing specific community needs. This study underscores the importance of integrating traditional practices into formal legal systems to enhance accessibility and effectiveness in providing justice services across Seychelles. Policy recommendations include strengthening collaboration between traditional leaders and modern legal institutions to ensure continuity and legitimacy of TDRM, while also promoting education programmes to increase awareness about available alternatives.