Customary Dispute Resolution in Somalia

This article examines the nature of the Somali customary dispute resolutions. The study identifies three forms of Somali Xeer dispute resolution systems (i.e., negotiation, mediation, arbitration) but focuses on arbitration because, of the three customary dispute resolution mechanisms in Somalia, arbitration is the most commonly used but also the least researched in the studies of the Xeer system. The study puts forward three arguments. First, Xeer is an alternative dispute resolution system that facilitates reconciliation and promotes restorative justice. Second, Xeer arbitration is relatively simple, familiar, transparent and accessible to those who wish to use it. Third, Xeer arbitration has emerged as the best way to resolve disputes in contemporary Somalia. However, the success of Xeer arbitration and customary dispute resolutions in general is contingent on the participation of the victims, perpetrators, and community.