Peer-Mediation through Alternative Dispute Resolution (ADR) in the University

PEER-MEDIATION THROUGH ALTERNATIVE DISPUTE

RESOLUTION (ADR) IN THE UNIVERSITY; BY APPLYING
SIDAMA NATION CULTURAL DISPUTE RESOLUTION
SYSTEM (AFFINI)

Article Submitted to UNA-ET-HU-CHAPTER

By: Daniel Asfaw Basaye

December, 2022

Hawassa University, Sidama, Hawassa, Ethiopia

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Daniel Asfaw Basaye
Peer-Mediation through Alternative Dispute Resolution (ADR) in the University

Contents page
Abstract ........................................................................................................................................... 1

Introduction ..................................................................................................................................... 2

Cultural Judicial System and Councils (shengo) in Sidama nation ................................................ 4

The Value of justice in Sidama nation cultural dispute resolution method .................................... 5

The mechanisms of Punishment ..................................................................................................... 8

The role of Affini system for peer-mediation to resolve conflicts among students in University
Campuses ........................................................................................................................................ 9

Conclusion .................................................................................................................................... 11

Recommendation .......................................................................................................................... 11

References ..................................................................................................................................... 13

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Peer-Mediation through Alternative Dispute Resolution (ADR) in the University

Peer-Mediation through Alternative Dispute Resolution (ADR) in

the University; by applying Sidama nation Cultural Dispute
Resolution System (Affini)
Article Submitted to UNA-ET HU Chapter

By: Daniel Asfaw Basaye

December, 2022

Hawassa University, Hawassa, Ethiopia

Abstract
Alternative dispute resolution (ADR) is any form of conflict resolving method without going to
court litigation. It is important in terms of saving the court’s time and to solve the disputes in a
peaceful manner without much cost as the courts incur. As we know Ethiopia is rich of
indigenous cultural dispute resolution mechanisms which helped for living in peace and
cooperation for a long period of time. These cultural dispute resolutions methods play a great
role even today not less than the modern judicial institutions can play in provision of peace and
security among the people of the country. As one of the nation in the country, Sidama nation has
its own indigenous cultural judicial system in its history before beginning of modern judicial
system, which was one of the basic manifestations in its history of living together in cooperation
with each other by resolving the conflicts that could arise among the society in peaceful manner.
Affini system is one of the basic tools in which this judicial system is conducted. It is highly
democratic which gives the freedom to express his/her idea in free manner turn by turn. It plays
a great role in avoiding the spirit of revenge among the disputing parties. In this paper I have
tried to show that the role this indigenous system in the peaceful resolution of the conflict that
may arise among the communities of the university. So in this paper, the role of applying this
indigenous dispute resolution mechanism for the peer-mediation among the university students is
emphasized and the way in which this indigenous system may be applied in the Universities for
peer-mediation shall be recommended.

Key Words: Sidama nation, Affini, Chimeessa, halaale(truth), shengo(council), elders, dispute
resolution and peer-mediation

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Introduction
From the time human beings begins to compete for the resource, the conflicts started to arise in
one or another way. So, as long as human exist in the earth, conflict is inevitable and normal
circumstances in human life. The matter is the way it should be handled and resolved.
Alternative dispute resolution methods have a great role in resolving these conflicts in peaceful
manner. Alternative dispute resolution refers to any means of settling disputes outside of the
courtroom. It is a generic term used to describe a range of procedures designed to provide ways
to resolving a dispute as an alternative to court procedures.1

According to Shipi M. Gowok,2 Alternative Dispute Resolution is generally classified into at

least three major sub-types, namely, negotiation, mediation, and arbitration. A fourth category,
conciliation is also usually included here. Negotiation- When conflicts occur, the parties
involved will try to settle amicably. This effort by parties to settle the conflict themselves usually
takes the form of negotiation. Here participation is voluntary and there is a third party who either
facilitates the resolution process or imposes a resolution. Mediation- In mediation, participation
is voluntary because even though a court may order the process itself, the parties in dispute are
not required to reach a solution. In mediation there is a third-party, a mediator, who facilitates
the resolution process but does not impose a resolution on the parties. One characteristic of
mediation is that it is voluntary and is a process in which a neutral third party brings the
opposing parties to a peaceful resolution of issues. Arbitration- Arbitration is a process in which
a third party who does not have an interest in the case, after reviewing evidence and arguments
from both sides, issues a decision to settle the case. This decision is termed arbitral award.
Arbitration was actually one of the earliest forms of dispute resolution. Conciliation –
Conciliation is a term broadly used to refer to proceedings in which a person or panel of persons
assist parties in their attempt to reach an amicable settlement of their disputes. An essential
feature of conciliation is that it is based on a request addressed by the parties in a dispute to a
third party to help them resolve a conflict.

These Alternative Dispute Resolution mechanisms have a great role in solving the conflicts
among the people in peaceful way. For such matter, Ethiopia has so many cultural and
1
Alternative Dispute Resolution Teaching Material; Tefera Eshetu and Mulugeta Getu: Sponsored by the
Justice and Legal System Research Institute, 2009, p3
2
Shipi M. Gowok, Alternative Dispute Resolution in Ethiopia - A Legal Framework

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indigenous conflict resolution mechanisms in which the disputes among the people are resolved
in peaceful way. Among these cultures, affini system in Sidama nation is one of the prominent
one. By applying this conflict resolution mechanism the members of the nation have lived in
peaceful resolving the conflicts that arise among them in peaceful way before beginning of the
modern judicial system

In Sidama the clan leaders are known as Gudumaalee or as Gossate Songo in some areas, and
below them there are neighborhood or village level elders’ councils known as Chemessa Songo.3
Sidama indigenous institutions have played a great role to solve different local conflicts and for
the development of modern institutions. The modern institutions (Courts) have and took a strong
base from the indigenous institutions in resolving conflict and preserving peace and security.4

Affini is used as means of communication among Sidama society. When somebody need to
communicate with everyone he/she before to exchange his/ her idea, says that” Affini” for to
someone, the answer is „‟Mawooye anfoomo.‟ literal meaning (have you listen or give you
attention his or her arguments?) and the answer from some guess “yes! I give attention for your
argument”. It is chance giving method for friends, meeting members, and everyone who needs to
share his or her idea that issue rose by members. Because according the law of Affini every
interested individual can express his /her idea without any communication interruption, this
means no overlaps of communication and all individuals hear or give their attentions someone
until finished his or her expression

Such kind of judicial system is still applicable around some rural areas of the region and plays a
great role in solving the conflicts arising among the members of the societies in peaceful way
and in the way that could remove any kind of sprit of enmity and revenge. In cultural morality
and ethics of Sidama society, truth has great value and justice procedure treat through
halaale/truth principles through analyzed by Hayyo/logical reasoning.

The appeal said to be” qaxxaro” is presented to the councils ( Songo), for the meeting of the
elders of the clan under the shade of huge and old tree called Gudumaale, by the plaintiff in calm
3
Ayke Asfaw and Mekonnen Feleke , Customary Dispute Resolution in the SNNPRS: The Case of
Sidama, unpublished p202
4
Abebe Demewoz Mengesha , The Role of Sidama Indigenous Institutions in Conflict Resolution: In the
Case of Dalle Woreda, Southern Ethiopia, American Journal of Sociological Research 2016 p24
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manner to the leader of the council called Cimeessa. 5After hearing, the leader of council begins
the analysis and examination of the case by saying “Affin” which literally means “have you
heard” and starts searching for truth by hearing oral evidences and examining real evidences
produced by the parties. Every members of the tribunal have a full right to forward his ideas,
comments and suggestions in this system which is the manifestation of its democratic system.

Cultural Judicial System and Councils (shengo) in Sidama nation

Sidama nation`s cultural judicial system is based on the council (shengo) system6 which is most
likely similar with the modern judicial system (courts) order. The council (shengo) has various
levels which are determined by the level of authority of cultural administration and judicial
system. In general term, there are about four levels of council among all clans of the sidama
nation.7 Firstly, there is olluu (the lower unit or village elders council). In this level of the council
participants are peoples who are related by family relation or from the same village. 8So the
cases that could be seen by this council are the disputes which may arise among the family
members and among the dweller of the same village. It prevents marital affairs from being
disclosed to the public.

The second level of council is Neighborhood Council, which is larger than the hamlet council
and considers cases of theft, disputes between two hamlets, disputes over farmland boundary,
and cases which come from hamlet councils by appeal; the elders are also known as Chimessa
who are elected by vote.

The Third level of council is said to be Ayiddu Songo (the medium level council or Lineage
Council ). The Lineage Council (Ayidu Songo) comprises elders who live in a certain locality as
descendants of common ancestors.9 It considers cases like cattle theft, serious criminal cases like
adultery, abduction and cases which come by appeal from neighborhoods councils.

5
Social Media, Facebook Tourism Sidama
6
የሲዳማ ብሔር ታሪክና ባህል፤ የሲዳማ ዞን ባህል፣ ቱሪዝምና የመንግስት ኮሙኒኬሽን ጉዳዮች መምሪያ ፣ ሐዋሳ፣ የካቲት 2003 ዓ. ም
p244
7
Ibid
8
Ibid
9
Supra note3
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The last level of council is the clan leaders’ council (Gossate Songo).10 This is the highest and
the powerful organ. It is appellate and policy making body. The clan leaders are known as Moti,
Woma or Garro. Major cases it considers are inter-clan disputes, homicide and other series crime
issues. The appointments are hereditary; the leaders decide on policy issues which affect the
whole community in their clan.

The Value of justice in Sidama nation cultural dispute resolution method

Sidama nation`s dispute resolution methods are absolutely based on finding a truth by the
manner which is fair for the parties. All kinds of conflict management activities in Sidama are
undertaken on the concept of halaale which means supreme truth which is basic tools in
searching for real justice. The core function of the political and administrative systems in Sidama
is managing and resolving conflicts peacefully between and among community members. The
conflict management process is closely intertwined with fact-finding investigations to identify
the root causes of problems. Decision making emphasizes consensus and majority support in
dealing with conflict management and resolution in order to avoid partisan domination.
11
Communities expect obedience and observance of the common good from every member.12

There were also other independent socio-economic institutions that reflect a unique egalitarian
culture that are at work in Sidama society. Among such institutions, the most notable one is seera
which is divided into two: the first refers to the broad concept of social constitution that governs
Sidama social life based on the principle of halaale. In the Sidama community, a web of relations
and interrelations has traditionally been ruled by the sera.13 Sera is a set of local cultural norms
or codes regulating the communal social structure and interaction. Traditionally, sera is almost
an ethical and moral codex. It may be seen as an unwritten law, but it constitutes at the same
time the morality and the conscience of the individual and the community. Sera also provides
social security to the members. It provides the community with a procedure of decision making
through consensus. It obliges the individual to accommodate to the majority, to seek harmony

10
Ibid
11
Markos Tekle Rike, State-Society Relations and Traditional Modes of Governance in Ethiopia: A Case
Study of Sidama ,p133
12
ibid
13
Aadland (2002:p41)

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and consensus rather than an individual opinion and personalized justice. The sera mainly relates
to domestic communal life. It works traditionally at the basis of commonality and consent, rather
than individualism. Sera also rules over the social collaboration that is sought from every
member (serancho), for example, when a house is built or a funeral is held. It regulates the
contributions and obligations within the communal fellowship. The conception of seera refers to
a set of sanctions that include ostracism imposed on the violators of the core values and customs
of the society and those who fail to admit wrongdoings by failing to comply with the decision of
the elders’ council.14 Sidama moral code of halaale provides the basis for distinguishing "good"
and "evil" as a "the true way of life".15 If an individual is involved in some kind of wrongdoing
and refuses to admit his mistake or pay the imposed fine, this may result in ostracism (seera)
where the culprit becomes a non-person as people refuse to work, eat or associate with him.16
Although there were no written procedures and enforcement mechanisms regarding seera,
individuals abide by it for fear of breaking halaale and being referred to God, by the elders, as a
consequence. With regard to the function of songos in managing conflict and exercising the
power, the accuser and the defendant will then present their case and the elders who form the
core of the songo will give their view about the existing customs and laws and express their
opinion.17 An elder who is a good speaker will preside but the other elders will be consulted.
Thereupon, the sentiment of the majority becomes clear. It is the sentiment of the community as
formulated through the songo’s deliberations that present the effective force compelling the
individual to the decision. But the songo has also executive authority where the wrongdoer has
not complied with songo’s verdict; a legal sanctions (“serra”) and fine will be imposed on him,
and so long as he does not pay the fine and the “serra” is not removed, he remains a social and
ritual outcast. Halaale is central to administrative jurisdiction and rule adjudication. It refers to
the principle of justice and establishing the truth in the process of embarking on investigation
and hearing. The members of Sidama communities give high respect to halaale mainly because
there is a belief that valuing and respecting halaale contributes to good life and transgressing the

14
Supra note11, p134
15
Hamer (2002)
16
Supra note 11
17
Stanley, Stanislaw, The political System of Sidama: is proceedings of the Third International
Conference of Ethiopian Studies, Addis Ababa, 1966, p220

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principles of halaale adversely affects smooth and acceptable interaction and well-regulated way
of life. In this connection, Hamer puts the concept of halaale as follows:18

Basic to this structure is the overarching moral code of halaale. I have translated this term
broadly as 'the true way of life'. It subsumes, however, more specific values such as the
importance of generosity, commitment to truth in issues of conflict, fairness in apportioning
blame and punishment, avoiding disruptive gossip, responsible use of money, respect for
property boundaries, avoidance of adultery and sexual promiscuity. No part of the code, but
complementing generosity, is the importance the Sidama have traditionally attached to the
acquisition of wealth. It is not the accumulation of land, crops, animals, or money that is
important, but the esteem one gains through acquiring a reputation for generosity by
redistributing these gains in hospitality and support of one's kin.

In the elders’ councils, more focus is given to identifying the issue of contention between
individuals and groups.19 In the course of engaging in investigations undertaken through on the
basis of the halaale principle, the possibility to deny the fact is minimal. 20 This is due to the
belief on the part of litigants who are afraid to incur negative encounters and curse resulting
thereof. Therefore, it is the values and the beliefs entrenched in societal norms that govern the
system than the direct sanctions. 21

Elders take specially time of counsel before to make decision. This law is strengthen, then after,
by carefully hearing every issue from different individuals or parties from the participants of
assembly, elders alone make their own minim meeting on the proposed applicant ideas for
decision for certain minutes. This process is known as Amaale (counsel). Then after the elders
come back together and inform the proposed decisions for assembles to realize transparences and
accountabilities.

18
Hamer 2007, p4
19
Supra note11, p135
20
Ibid p136
21
Ibid

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The mechanisms of Punishment

In addition to the concept of halaale, there are social sanctions that are meted against culprits as
direct punishment for violating the values and norms of the society are applied. 22 These are
expressed in different forms as mechanisms of conflict management. The nature of the sanctions
is purely social and psychological involving exclusion and ostracism but without entailing
physical punishment as such. Social sanctions are of two kinds. The first that is applied on those
individuals who comply with the decision of the council is not complex and is more of
procedural and focuses on correcting mistakes and compensating the injured. In this case,
mistakes will be rectified and injuries will be redressed. The main objective of such a sanction
based on due process is to harmonize the social relations between the protagonists and create
social cohesion. However, if the case is serious like murder, it will be dealt with at higher level,
namely garote or Mootete Songo. In this case, it is not only the individuals that are directly
associated with the problem but also all members of the group or sub-group that would be held
responsible. Compensation payment in such cases is known as ‘guma’ (literally blood money),
which is expected to be paid by all members of the group or sub-group. The second type of
sanction is more complex and severe than the former. Such a sanction is more serious and the
punishment goes beyond imprisonment and is applied on those members of the community who
defy decisions made to solve conflicts through peaceful means.23 Such individuals are considered
as deviant and violators of social norms and values. Hence, the punishment is collective and has
multiple effects. Members of the community are wary of the resulting social exclusion more than
anything else.

The social sanctions include: 24

 Exclusion from social organizations and socio-cultural processes;

 Denial of access to social utilities and borrowing of tools;
 Denial of any support and help in time of problems and misfortunes like death, illness,
accident, etc
 Isolation of children of the transgressors from other children in the community.

22
Ibid
23
Hamer J.H. Decentralization as a solution to the problem of cultural Diversity: an example from
Ethiopia. Journal of International Africa Institute. Vol.77,No.2
24
Supra note 11

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Such a sanction, however, is applied against the transgressors after series of advises and
consultation at different levels of elders’ councils are made. Application of this sanction is called
‘serooni’ or seera woroni’.25 Moreover, the sanction restricts other members of the community
from cooperation and collaboration with culprits and obliges them to apply the sanction without
fail. The most difficult aspect of seera is that the transgressor is reduced to a status of a non-
person as people refuse to work, eat or associate with him/her. Such an act mainly leads to
confession because non-acceptance by the members of the community brings effective form of
shame to the recalcitrant. It also removes the violator from social interaction, which in turn can
entail prevention of entering into matrimony within the community. The purpose of applying
seera is to restore social order and cohesion and thereby ensuring normalcy in communal life.26
In this connection, Vecchiato explains the impact of seeraon culprits as follows:27

Although theoretically the enforcement of sera could take the form of a total proscription (boha)
from society for extreme cases, the prevailing Sidamo attitude toward social deviants is to re-
insert them into society, through a reasonable punishment, and the reestablishment of social
harmony).

The role of Affini system for peer-mediation to resolve conflicts among

students in University Campuses
Peer Mediation- refers to a method where young men or age groups act as mediators to help
settle disputes among their peers.28 The process relies on an impartial third party, the mediator, to
help individuals use communication, negotiation, and problem-solving skills to resolve the
differences between the parties, while reaching a mutually beneficial agreement (Chittooran &
Hoenig, 2005). Mediation is always voluntary, meaning both sides must agree to mediation. It is
based in part on the “win-win” approach to negotiation described in the book Getting to Yes,
Negotiating Agreement Without Giving In (Fisher & Ury, 1981) where the negotiator attempts to

25
Ibid
26
Ibid
27
Vecchiato, Norbert Lois, Cultural, Health and Socialism in Ethiopia: the Sidama Case. University of
California, Los Angeles, 1985. P208
28
Strawhun, J., Parnell, K., Peterson, R. L. & Palmon, S. (2014, December). Peer mediation, Strategy
Brief. Lincoln, NE: Student Engagement Project, University of Nebraska-Lincoln and the Nebraska
Department of Education. http://k12engagement.unl.edu/peer-mediation.

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find a solution to the conflict in which both parties obtain outcomes in line with their underlying
interests.29

Peer Mediation- refers to a method where young men or age groups act as mediators to help
settle disputes among their peers.30 It is a process where trained students act as neutral mediators.
These students work with their peers to uncover the root causes of their disputes and decide on
fairways of resolving a conflict. The process is great because it’s a form of restorative discipline,
and helps students build their empathy while they also fine-tune their problem-solving skills. It is
very important for a reason that the parties and the mediators may be relatively in the same age
and easily understand the intention of the parties.

In the university campuses, students should be trained as mediators to address conflicts that
might arise among students in the campuses, between students and students, between students
and teachers, and between students and other community of the university. When disputes arise
in school these mediators work with the disputing parties to resolve the conflict in a way that is
beneficial to both parties.

This Affini system of dispute resolution can play a great role for such matter if applied in the
university to solve the conflicts among the students themselves and with another community of
university. The unique characteristics of affini system is it is democratic in its nature and gives
the freedom of speech unless it is unnecessary like insulting someone and disrespecting the
elders and the speeches which are in contrary with public moral .

Affini means by its nature, allowing the issue to be known by another person before deciding on
it and allowing another person to give suggestion, comment and an idea on it. So it is very
important if applied it in the university campuses in which we consider deciding on some issues
irrationally.

The unique characteristics of affini system is it is democratic in its nature and gives the freedom
of speech unless it is unnecessary like insulting someone and disrespecting the elders and
immoral. Anyone who wants to express his idea is free to express his idea by this system. So it
has a great role in resolving the conflicts arising among the peers in the university. It gives an

29
Ibid
30
Supra note2

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opportunity for the issues to be known by another peers and searches for the way to be resolved
in peaceful way before going to the next stage. In order to accomplish this goal, all students in
the university should be committed to this system and willing to become the mediator for the all
disputes arising in the campus. Affini system can play a tremendous role in resolving the
disputes that may arise among themselves because of many differences in the university by
peaceful and calm manner with discussion rather than deciding on the issues only emotionally
and avoid them from the unjustified punishment of the discipline committee which cannot see
the things on behalf of the students. So, it is very important for in order to resolve conflicts and
discuss up on it before going to another bodies of the university.

Conclusion
Conflict is inevitable and natural situation in human life. What matters is the way it should be
handled and resolved. In this regard, ADR plays irreplaceable role in this regard. In this paper I
have tried to discuss briefly about the meaning of ADR, the indigenous dispute dissolution
mechanism used by sidama nation called affini and its role in resolving conflict among the peers
in the university and finally the way it could be applied in university for peer-mediation.

Alternative dispute resolution refers to any means of settling disputes outside of the courtroom.
Sidama nation have its own indigenous dispute resolution method in which used for a long time
to resolve conflicts that may arise among themselves. Affini is democratic in its nature and gives
an opportunity for someone who wishes to speak on the matter. It is based on the principle of
ultimate truth, which shows its justified nature. The truth (halaale) has a big value in the sidama
nation and this dispute resolution mechanism is based on this principle which is searching for a
truth. When it applied in the university, it can play a great role in resolving the conflicts arising
among themselves by them self by peaceful way without the need of referring to discipline team
and other management bodies of the university.

Recommendation
The Sidama nation’s cultural dispute resolution mechanism is very important in resolving the
conflicts in sustainable manner in the way that could avoid any sense of enmity and the revenge
fairly for the parties based on its principle of searching for ultimate truth and public morality.

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This method will be very important nowadays where there are recurring disputes between the
youth in our schools and university campuses.

Therefore, to implement this indigenous dispute resolution method in the university campus in
order to aware the students to resolve the conflicts which may arise among them self by
themselves without the need of going the another management bodies of the university, the first
step should be creating the awareness about the general concept of sidama nations indigenous
dispute resolution method to the whole community university as much as possible. The next step
is the voluntary student who could serve as mediators should be selected and then after trained
and supervised by the elders who are experienced and familiar with this system. Then the council
(shengo) should be established these trained students which should be given a responsibility of
dealing with the cases which may arise among the students. Any conflicts or disagreements that
may arise among the students shall be first seen by them before going to another body in the
university. For such matter it should be given recognition by the senate board of the university.
All students should be voluntary to become Chimeessa which means an arbitrator after have got
a basic awareness about the affini system of conflict resolution to incorporate all students in this
system.

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References
1. Aadland (2002)
2. Abebe Demewoz Mengesha , The Role of Sidama Indigenous Institutions in Conflict
Resolution: In the Case of Dalle Woreda, Southern Ethiopia, American Journal of
Sociological Research 2016
3. Alternative Dispute Resolution Teaching Material; Tefera Eshetu and Mulugeta Getu:
Sponsored by the Justice and Legal System Research Institute, 2009
4. Ayke Asfaw and Mekonnen Feleke , Customary Dispute Resolution in the SNNPRS: The
Case of Sidama, unpublished
5. Hamer J.H. Decentralization as a solution to the problem of cultural Diversity: an
example from Ethiopia. Journal of International Africa Institute. Vol.77
6. Markos Tekle Rike, State-Society Relations and Traditional Modes of Governance in
Ethiopia: A Case Study of Sidama
7. Shipi M. Gowok, Alternative Dispute Resolution in Ethiopia - A Legal Framework
8. Social Media, Facebook Tourism Sidama
9. Stanley, Stanislaw, The political System of Sidama: is proceedings of the Third
International Conference of Ethiopian Studies, Addis Ababa, 1966

10. Strawhun, J., Parnell, K., Peterson, R. L. & Palmon, S. (2014, December). Peer
mediation, Strategy Brief. Lincoln, NE: Student Engagement Project, University of
Nebraska-Lincoln and the Nebraska Department of Education.
http://k12engagement.unl.edu/peer-mediation.
11. Vecchiato, Norbert Lois, Cultural, Health and Socialism in Ethiopia: the Sidama Case.
University of California, Los Angeles, 1985
12. የሲዳማ ብሔር ታሪክና ባህል፤ የሲዳማ ዞን ባህል፣ ቱሪዝምና የመንግስት ኮሙኒኬሽን ጉዳዮች መምሪያ ፣ ሐዋሳ፣
የካቲት 2003 ዓ. ም

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