An analysis of reconciliatory mediation in Northern Albania: the role of customary mediators

Official URL: http://192.168.1.20/record=b1266192 (Table of Contents)

This research investigated the old practice of customary mediation in the Northern Albanian society. The data used in this research was mainly generated through interviews with community mediators. The strategies and techniques used by the mediators in twenty-seven cases of killings (due to blood feud, momentary and previous fight or accidents) were analyzed. The strategies were analyzed on the basis of Bercovitch and Huston classification: communication-facilitation, rocedural-formulation and directive-manipulation strategies. The techniques were analyzed based on Callister and Wall's table of mediator's techniques in community mediation. Further more the reconciliatory process was also analyzed through Lederach's framework of the elements of reconciliation: truth, mercy, justice and peace. Examining the twenty-seven cases of mediation in the Albanian context we can conclude that most of the killings happened due to momentary fights and mostly they were people who had relations with each other. In analyzing the strategies of the mediators it is searched whether they use more communication-facilitation, procedural-formulation or manipulation. The findings showed that in most case the mediators used either communication-facilitation or directive-manipulation. The techniques used in these cases reflect the features of Albanian mediation but they also give us insight on other techniques the mediators use in community mediation in penal case. These techniques are bounded by the cultural background and the rules of the Customary Law. Albanian traditional mediation bares the characteristics of VOM and the traditional mediators abide by the Restorative Justice principles. Albanian mediation shows to bare the characteristics of the cultural context in which it takes place. The values found in the Albanian customary law, Kanun, in a way guide the mediation process as well. The findings also suggested that some of the elements of reconciliation are understood differently in the Albanian culture.