PRESTOZA, CHRISTINE JOY D.

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Indigenous Settlement of Disputes

A Reaciton Paper

Indigenous modes of settling disputes is just some kind of a mediational mechanism

which is feasible in promoting peace and good relations among the IPs in accordance with
the specific tradition of a particular community. Each aboriginal community holds various
techniques in resolving disputes, the efficiency and procedure of which may vary based on
their principle of social control.
The article written by Maria Cisnero is an interesting read. It explains the variation of
different indigenous dispute resolution processes which consist of their long-established
principles and those which have been affected by their contact with the colonizers. A
remarking factor that was emphasized in the article was the intrusion of the Philippine legal
system to the customary laws of the Indigenous people in resolving disputes. According to
Cisnero, the coexistence of different systems of rules at the same time may produce
conflicts of inter-legality. This is amenable. It shall be noted that the control of the aboriginal
community over their conflicts in law cannot be assumed to have been regulated by the
community itself. The national law has always something to say.
An example mentioned by Cisnero is the way of interfacing made by Tboli and Ubo of
Lake Sebu. They apply both laws to settle disputes by applying their own customary law
while acknowledging the existence of a government structure in their community. However,
the indigenous dispute resolution methods in Mindoro have not been interfaced with the
Barangay Judicial system. These circumstances point out the need to recognize and
acknowledge the individual experiences of each of the indigenous community in order to
fully understand their method of embracing the national law in their own system. As one of
the objectives of alternative dispute resolution, the method of negotiating In order to resolve
conflicts promotes party autonomy and self-determination. Having said that, the use of
mediation cannot be considered an attempt to modernize the method of settling disputes
among aboriginal communities toward self-determination because long before the rise of
alternative dispute resolutions, there exists value specific methods of settling disputes which
have been practiced within their communities. For the indigenous people, it is important to
keep their trust to their own identity, in which their own method of resolving disputes can be
considered a part of it.
Most of the methods used in dispute resolution give more attention to the process
itself and not on the situation of the person who seeks to resolve the conflict. They tend to
stress the fact that the entire process of interest-based negotiation is expedient in both
parties of the case. However, the indigenous methods of dispute resolution suggest the
importance of first recognizing the communitys experiences and wisdom as well as their
profound social contact with their own established customs. It is not easy to encourage a
community to adopt
The study of the indigenous dispute resolution processes is a rewarding undertaking
that will enable us to understand how relevant they are in the modern times. Indigenous
settlement of disputes also recognizes not only the presence of the general legal system but
also the concept of colonial interaction which has a reflective impact on the lives and
relationships of the IPs.