First Advisor

Les Swanson

Term of Graduation

Spring 2001

Date of Publication

6-4-2001

Document Type

Thesis

Degree Name

Master of Science (M.S.) in Conflict Resolution

Department

Philosophy

Language

English

Subjects

Conflict management -- Micronesia (Federated States), Mediation -- Micronesia (Federated States), Administrative procedure -- Micronesia (Federated States)

Physical Description

1 online resource (vii, 87 pages)

Abstract

The current U.S. mediation system is founded on a paradigm of individual focus and Western values. This model may fail to represent the various cultural components disputants from more collective cultures may bring to the mediation process. In addition, the U.S. mediation system relies on the collaboration of two or more disputants to confront the issues between them. Again, this model presupposes that confrontation is an appropriate means of conflict resolution.

The purpose of this study is to offer a different perspective of dispute settlement as practiced in the Federated States of Micronesia (FSM). Cultural values that emphasize the social group and such concepts as rank, honor, and humility are evident in traditional mediation practices. The goal of the mediation process in FSM is the restoration of community harmony rather than individual reconciliation. Due to social values that discourage confrontation, individual disputants are not included in the mediation process, but are represented by equally ranking kin members. These families collaborate to reach an outcome that is satisfactory to both parties. Mediation works differently in FSM due to the different conceptions of responsibility and identity. Family, apologies, forgiveness and reconciliation are the key components of the mediation process in FSM, ultimately leading to the restoration of community harmony.

Although the traditional system of dispute settlement succeeds in maintaining community harmony in a chiefdom society, the demands of a state-level government exceeded the traditional system's capabilities in FSM. The implementation of the adjudication system permanently altered traditional methods of dispute settlement in FSM. The adjudication system relies on the testimonies of witnesses, which conflicts with Micronesian values that encourage community equanimity and non-confrontation. However, Micronesians have managed to incorporate formalized aspects of traditional dispute settlement practices into the modern judicial system. The Micronesian constitution requires that traditions and customs be considered during the sentencing process.

The Federated States of Micronesia have a traditional system of dispute settlement and an adjudication system that combines both traditional and Western elements. Micronesians have established a dispute settlement system that sustains both traditional and non-traditional models, balancing community and individual interests.

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