Zeitschrift für Zivil- und Rechtswissenschaften

Abstrakt

A Critical Analysis of Alternative Dispute Resolution Mechanisms in Bench-People: The Case of "Tomo," South-West Ethiopia: A Cross-Sectional Study

Teklemariam Ergat Yarinbab and Kassaye Muluneh

Background: Dispute resolution is an indispensable process for making social life peaceful. Alternative Dispute Resolution (ADR) is a term used to describe several different modes of resolving legal disputes. Accordingly, “Tomo” is one of the Alternative Dispute Resolution Mechanisms in Bench-Community. Hence, this study critically examined the practice of Tomo institution in Shey Bench District, South West Ethiopia.
Methods: A cross-sectional study design was conducted. Data was collected through participant observations, Focus Group Discussions and Key informant interviews. Then the data collected through FGDs and interviews was transcribed, translated and synthesized. It was enriched by observations.
Findings: Tomo is named from the clan of “Tomo” in Bench community and it has traditional spiritual basis called “shinabossind”. It has four typical features called informality, adjudication without evidence, lack of code of conduct and Spirituality. Tomo adjudicates disputes whose facts are denied by the parties. The decisions passed by Tomo institution is believed to be fair, low costly and without delay. Besides, the institution of Tomo shares the burden of cases in formal courts. Tomo solves disputes such as theft, adultery, murder and other crimes committed in hidden and sophisticated manner.
Conclusion: The institution of Tomo has four typical features called informality, adjudication without evidence, lack of code of conduct and Spirituality. Tomo verdicts fairly, low costly and without delay. It shares the burden of cases in formal courts.