Rule of Law and Access to Justice in Eastern and Southern Africa

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Annex 1 - case study matrix 4

Results (outputs and outcomes)

Emerging issues/ lessons • Mediation may be an inappropriate methodology in many cases in which it is used. This has the potential to cause greater harm and spur impunity because cases may be “settled and not resolved” conclusively leading to forum shopping and the festering of unresolved grievances. • The absence of standards, guidelines and an oversight mechanism for mediation has resulted in mediation processes that are instead injurious to marginalized and vulnerable groups. • The current approach of dealing with individual cases, both within the Justice Centres and during outreach is inadequate for addressing a large number of disputes. Furthermore, societal structures, such as patriarchy, remain a challenge, sometimes exacerbating these disputes within the communities, hence limiting the centres’ impact.

Rule of Law and Access to Justice in Eastern and Southern Africa: Showcasing Innovations and Good Practices 97


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