LITIGATION, INTERPERSONAL CONFLICT, AND NOBLE SUCCESSION DISPUTES IN THE FRIENDLY ISLANDS (FROM ACCESS TO JUSTICE, VOL 4, 1979, BY KLAUS-FRIEDRICH KOCH - SEE NCJ-61181)

• NCJ Number: 61182
• Author(s): G E MARCUS
• Date Published: 1979
• Length: 36 pages
• Corporate Author: Sijthoff and Noordhoff
• Publication Format: Document
• Publication Type: Report (Study/Research)
• Language: English
• Country: Netherlands

Annotation

LITIGATION AND DISPUTES, PARTICULARLY INVOLVING THE NOBILITY'S SUCCESSION TO TITLES AND LAND IN THE TONGA OR FRIENDLY ISLANDS, ARE EXAMINED TO ILLUSTRATE ALTERNATIVE DISPUTE RESOLUTION METHODS.

Abstract

TONGAN DISPUTE RESOLUTION HAS THE FOLLOWING CHARACTERISTIC ELEMENTS: FREQUENT USE OF THE COURT SYSTEM, RESUMPTION OF APPARENTLY FRIENDLY RELATIONS BETWEEN DISPUTANTS AFTER LITIGATION, AND THE CONTRADICTION BETWEEN FORMAL AND INFORMAL WAYS OF EXPRESSING AND MANAGING DISPUTES. INSTEAD OF EXPRESSING ANGER, TONGANS EMPHASIZE SMOOTH SOCIAL RELATIONS AND CONTROLLED PUBLIC EXPRESSION. THEREFORE, PARTICIPANTS IN INFORMAL DISPUTE RESOLUTION OFTEN EXPRESS SADNESS, AND THE OFFENDER OFTEN REQUESTS FORGIVENESS. HOWEVER, THE RESENTMENT GENERATED FROM DISPUTES SOMETIMES CONTINUES IN THE FORM OF GOSSIP OR COMPETITION FOR SOCIAL STATUS. IN ADDITION, LOCAL LEADERS RARELY INTERVENE IN DISPUTES NOT AFFECTING THEM. ALTHOUGH THREATS OF LITIGATION AND ADVERSARY PROCEEDINGS APPEAR TO CONTRADICT THESE SOCIAL VALUES AND SYSTEMS, COURT LITIGATION IS FREQUENTLY USED AND COMPLEMENTS THE INFORMAL METHODS. IN NOBLE SUCCESSION DISPUTES, THE DECISION WHETHER OR NOT TO LITIGATE IS BASED ON BOTH PERSONAL ASSESSMENTS OF COSTS AND BENEFITS AND ON PRESSURES, OFTEN CONFLICTING, FROM RELATIVES, FRIENDS, THE TITLE HOLDER, AND LAWYERS. THREE CASES OF SUCCESSION DISPUTES ARE DETAILED. FOOTNOTES AND REFERENCES ARE INCLUDED. (CFW)