Assessing the Effectiveness of Mediation as a Tool in Resolving Intertribal Land Disputes: The Case of Eyumojock Sub-Division

Abstract

Inter-tribal land disputes constitute one of the most pervasive conflicts in rural Cameroon, particularly in the South-West Region where customary land tenure systems intersect with population growth and inter-ethnic relations. In Eyumojock Sub-Division, intertribal land disputes between the Ebinsi, Ayuk’aba, Bakwele, Afap, Ogomoko, Kembong, and other indigenous groups threaten social cohesion and economic development. Formal litigation through the court system often proves inaccessible, expensive, protracted, and culturally insensitive for rural communities, necessitating alternative dispute resolution mechanisms, particularly mediation. Despite the increasing adoption of mediation for resolving intertribal land disputes in Eyumojock Sub-Division, there exists limited scholarly examination of its effectiveness, legal appropriateness, and compliance with justice principles. Questions remain regarding whether mediation adequately protects parties’ rights, recognizes customary law, produces sustainable outcomes, and serves as a superior alternative to formal litigation in this specific context. This study critically appraises the effectiveness of mediation in resolving intertribal land disputes in Eyumojock Sub-Division by analyzing successes achieved, identifying factors influencing outcomes, evaluating challenges constraining effectiveness, and assessing implications for dispute resolution practice and policy. The study employed a qualitative research methodology, utilizing desk review of legal materials, scholarly literature, policy documents, and available case records. The research analyzed customary law principles, alternative dispute resolution frameworks, human rights standards, and comparative mediation practices to evaluate mediation’s legal appropriateness and effectiveness. The study reveals that mediation has achieved substantial successes in Eyumojock Sub-Division, including preservation of social harmony, integration of customary law systems, enhanced accessibility and cost-effectiveness, expedited resolution, party autonomy and empowerment, confidentiality protection, broad community engagement, effective enforcement through traditional authority, recognition of multiple interests beyond legal title, and prevention of violence. Its effectiveness depends on mediator competence, procedural fairness, cultural sensitivity, and supportive frameworks. It is recommended that Ongoing capacity building for mediators, community awareness programs, legal frameworks strengthening enforcement of mediation agreements, reduced government intervention in customary processes, protective measures for vulnerable groups, and integration of customary mechanisms into formal legal systems are essential for enhancing mediation’s effectiveness and sustainability in resolving intertribal land disputes in Eyumojock Sub-Division and similar contexts across Cameroon.