Forum shopping for conflict resolution in modernizing societies :a case of Yei municipality, South Sudan

Official URL: http://risc01.sabanciuniv.edu/record=b1669244 (Table of Contents)

This study investigates factors that influence disputants’ venue selection strategies and preferences in South Sudan where the role of informal dispute resolution systems has been recently supplemented with legal mechanisms in modernizing polities. The study is a contribution to the conflict resolution literature in understating factors that motivate venue selection. Using non-probability convenience sampling method, 288 surveys were conducted in three locations. The overall findings indicate that traditional courts are more preferable than modern courts for resolving debt cases, land grabbing, theft, child custody and fight. However, legal venues are preferred to resolve cases such as murder, road accidents, rape and defilement. Interestingly, both legal and traditional courts are used to resolve theft, adultery and elopement cases in different contexts. The findings also indicate that the accessibility, affordability, nature and speed of resolution (practicality) are the over-riding motivating factors for both modern and traditional courts preference followed by norms and values and lastly, venue characteristics.