African Comparative Law Quarterly | 07 February 2001
Traditional Dispute Resolution Mechanisms in Access to Justice: An Analysis of Botswana's Context and Policy Implications
C, h, o, l, M, o, h, a, p, i
Abstract
Traditional dispute resolution mechanisms have been integral to resolving conflicts within communities in Botswana for centuries. A qualitative approach was employed through literature review and expert consultations to understand TDRM practices and their impact on access to legal services. Traditional courts in rural areas handle approximately 40% of all civil cases without formal legal representation, highlighting the significant role they play despite limited resources. The analysis underscores the potential for integrating traditional dispute resolution mechanisms into modern legal systems to improve accessibility and effectiveness. Policy recommendations include funding support for traditional courts, training programmes for traditional leaders, and integration of TDRM practices in formal legal education.