ALTERNATIVE DISPUTE RESOLUTION

Rediscovering Olden Pathways and Vanishing Trails to Justice and Peace: Indigenous Modes of Dispute Resolution and Indigenous Justice Systes !y Maria Roda "# $isnero R%&$TIO' P&P%R P&P%R

Long before the Philippines was discovered and conquered by Spain, we already have our own means of justice system. This is usually composed of elders, who are considered the wisest among the community community,, acting as mediators mediators to hear and settle settle disputes. disputes. The way of resolving resolving conflicts conflicts among members of the community differs from one region to another. The mechanisms for settling disputes are intimately connected to the beliefs, customs and deep-rooted values that indigenous people have in their  own unique community. The point is that, centuries ago, these mechanisms of settling disputes already eisted for the purpose of attaining justice.  !t present, indigenous dispute resolution mechanisms "#$%&' are being loo(ed at due to the contin continuin uing g instit instituti utiona onali) li)ati ation on of variou various s altern alternati ative ve disput dispute e resolu resolutio tion n "!$%' "!$%' mechan mechanism isms s in the administration of justice in the Philippines. *onestly, # am not that aware of the indigenous dispute resolution mechanisms that are being practiced here in the Philippines. #t does not seem to be widely practiced maybe because of the lac( of  recognition and formali)ation of these indigenous dispute resolution mechanisms. #t is interesting to (now of information about some conflicts in different parts of the country being resolved through the use of  indigenous dispute resolution mechanisms to attain peace and justice among the parties involved. The indigenous indigenous dispute resolution resolution process process is generally initiated initiated by a complaina complainant nt or an offended offended party approaching an elder to report an offense and see( resolution. The elder confers with members of the council of elders and calls for a dialogue. ! date or a given time is set for the actual dialogue, and the involved parties are notified. The process commonly begins with an opening ceremony, ritual or prayer. +rom this process, it can be inferred that the dispute resolution is being regarded as sacred with the incorporation of ceremonies, rituals and prayers as rooted in our culture and tradition. !s !s mentioned in the articl article, e, the prevai prevaili ling ng elemen elementt and instit instituti utiona onall founda foundatio tion n of these these indig indigeno enous us disput dispute e resolu resolutio tion n mechan mechanism isms s and indige indigenous nous justic justice e system system is still still driven driven by the need need to streng strengthe then n commun community ity relationships and instill good values and norms. The main purpose of #n the article, it was stated that the main purpose of indigenous justice system has been the maintenance of stability, peace peace and harmony in the community. # am convinced that the intention of these indigenous dispute resolution mechanisms and indigenous justice system is to serve justice. *owever, # am hesitant about its application in relation to criminal cases such as those relating to (illings li(e the tribal war mentioned therein where # felt disturbed that it was simply settled that way thin(ing that many lives were ta(en. There are some conflicts that # thin( should just be within the scope of the court. # support its application to most conflicts but not all considering that it is intended for the promotion of   justice and that justice will be served to persons who resort to the the indigenous justice justice system.