Effects of Traditional Family Arbitration and Legal Divorce on Divorcees and Their Children: The Case of Boloso Sore Wereda, Wolaita Zone, Southern Ethiopia
No Thumbnail Available
Date
2015-06
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Addis Ababa University
Abstract
This study has made an effort to investigate the effects of traditional family arbitration and legal
divorce on divorcees and their children. For its methodological convenience qualitative method
and non-probability purposive sampling techniques have been employed. Study participants have
been divorcees, their children and reconciled spouses after opening of file for divorce in the
court. The last five years (2010-2014) petition provided for divorce, divorced and reconciled
spouses data has been used as point of observation. In addition to in-depth interview FGD, key
informants’ interview and document analysis was done. Principal causes, prevalence, and effects
of divorce, legal grounds of family arbitration, appointment and removal of arbitrators,
composition and roles of arbitrators have been critically addressed to identify effects of
traditional family arbitration. Moreover, fundamental reason of the court when redirecting the
case of spouses for arbitration has been assessed to know the advantages of traditional family
arbitration for divorcees and their children. Divorce is negatively affecting the social, economic
and psychological status of divorcees and their children. Traditional family arbitration is
believed to be the most effective and efficient conflict resolution mechanism among spouses.
Principal effects of arbitration on disputing spouses and their children are protecting unstable
families from disintegration, children separating from their parents, protects likely social evils
related to divorce, reduces resource and time wastage of both litigating spouses and the court and
shares court case overload. Potential challenges of arbitration are community’s lack of
understanding about gender equality, rights and interests of women, marginalizing women from
arbitration process, biased belief of women as if arbitration always favoring for men in their
expense, and passing decisions in favor of men in the case common property management and
parenting styles.
Key words: Traditional family arbitration, court litigation and legal divorce
Description
Keywords
Traditional Family Arbitration; Court Litigation and Legal Divorce