The Roles of Family Arbitrators in the Settlement of Disputes Arising out of Marriage and the Constraints Thereof: The Law and the Practice in Oromia National Regional State

Abstract

Marriage is one of the essentials of society that forms the basis for family institution. Even though harmony and permanence are emphasized ideals in a marriage, spouses, however, enter into disputes due to various factors. In most part of Oromia region, family arbitrators play important role in settling disputes arising out of marriage though their previous power is detracted by the region’s family law. Hence, this study investigates the actual roles of family arbitrators in settling disputes arising out of marriage, and the practical and legal challenges therein using a socio-legal approach. To this end, a descriptive cross-sectional qualitative research design was employed. The study used multi-stage and random sampling techniques to identify the study areas, and purposive sampling technique to select respondents. Data were collected through in-depth interview, focus group discussion, and key informant interview. Then, they were sorted out, categorized, and analyzed thematically. Despite the withering away of their power by the Oromia family law and other challenges they have, the study has revealed that family arbitrators still play a significant role in settling disputes arising out of marriage, particularly in the countryside. Besides, it is uncovered that the family law lacks a strong socio-cultural base during its enactment which in turn has led to its unsatisfactory implementation. To ensure the compatibility between the law and the culture, and make family arbitration effective, equitable and context sensitive, the study suggests the need for proper harmonization between the law and the culture of the society by concerned stakeholders.