Mediation in Somalia

Quick Facts

• Legal Framework: Somalia has a traditional Xeer mediation system that has been practiced from time immemorial. Xeer is the traditional legal system in Somalia that operates through the convening of traditional elders,...
• Cultural Approach: Xeer is deeply embedded in Somali culture and has been practiced from time immemorial. It usually involves material compensatory measures and is not punitive. An agreed-upon consensus is final, bindin...
• Typical Costs: Traditional Xeer system operates through material compensatory measures rather than formal fee structures. Professional mediator fees for formal ADR Division services generally range from USD 100-300 ...

Mediation Research

Legal Framework

Somalia has a traditional Xeer mediation system that has been practiced from time immemorial. Xeer is the traditional legal system in Somalia that operates through the convening of traditional elders, one of three branches of the Somali legal system (the other two being shariah and institutional judiciary). These traditional elders are well respected and usually follow a set of precedence or consistent principles for each claim. Xeer is believed to pre-date Islam and became further reinforced once Islam was introduced to the country. Following Somalia's independence, a proliferation of investment legislation followed, intending to protect state resources and ensuring Somalia's sovereignty. Almost all of the investment legislation highlighted ADR as the preferred form of dispute resolution. Somalia became a member of the World Bank's International Centre for Settlement of Investment Disputes (ICSID) in 1968. Somalia signed bilateral investment treaties in 1981 and 1983 with Egypt and Germany, respectively, both designating investor state arbitration in the dispute resolution clause. Somalia signed into law the Foreign Investment Law No. 19 of 1987, designating ICSID as the preferred dispute resolution forum. The latest legislation including ADR is the Foreign Investment Law of 2015, designating the ICC or ICSID as optional. Since the formation of the Federal Government of Somalia in 2012, the Government has established the ADR Division, first housed in the Ministry of Justice, and now based in the Attorney General's Office.

Court System

The government established the ADR Division, first housed in the Ministry of Justice, and now based in the Attorney General's Office. The relationship between the formal court system and traditional Xeer mediation is not detailed in available sources, but Xeer operates alongside the institutional judiciary as one of three branches of the Somali legal system.

Mediator Regulations

Traditional elders operate the Xeer system, following a set of precedence or consistent principles for each claim. Specific regulations governing mediator qualifications, training requirements, or accreditation standards for formal mediators are not detailed in available sources.

Cultural Approach

Xeer is deeply embedded in Somali culture and has been practiced from time immemorial. It usually involves material compensatory measures and is not punitive. An agreed-upon consensus is final, binding, and enforced by traditional tribal elders. Given Somalia's civil war and total collapse of state institutions, the Xeer system became inundated with criminal claims that had no place in its dispute resolution practice, but were nevertheless handled in the absence of the judiciary. Somalia has played a significant role in pan-African mediation, with President Siad Barre mediating and brokering a peace agreement between Tanzania and Uganda in 1972.

Typical Costs

Traditional Xeer system operates through material compensatory measures rather than formal fee structures. Professional mediator fees for formal ADR Division services generally range from USD 100-300 per hour for commercial mediation. Xeer mediation typically involves traditional compensation payments agreed upon by tribal elders.

States and Regions