Document Type

Article

Publication Date

2012

First Page

641

Volume

27

Source Publication Abbreviation

Ohio St. J. on Dis. Res.

Abstract

In this article, the author examines how the process of U.S.-style alternative dispute resolution is unfolding in the Philippines, a former U.S. colony.

Drawing from representative case studies, Part I highlights emerging practices in the global South counter-hegemonic to the fundamentals of U.S.-style mediation.

Part II describes the Philippine community mediation experience, in particular the ideologies, structures, and practices of indigenous dispute resolution, the neighborhood justice system, and court-annexed mediation.

Part III discusses access to justice and self-determination as they relate specifically to community mediation in a postcolonial context.

Using qualitative research the author conducted in the Philippines in 2010, Part IV critiques the implementation of U.S.-style mediation in the Philippines as antithetical to access to justice and self-determination, proposes structural and other practical changes, and theorizes a framework for counter-hegemonic community mediation practice in the neocolonial setting.

The author concludes by arguing that access to justice and self-determination in neocolonial settings requires community practices founded on a substantive normative agenda that collectivizes and socializes conflict, respects and improves upon indigenous dispute-resolution, and recognizes fundamental human rights.

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