Columbia International Affairs Online: Policy Briefs

CIAO DATE: 08/2011

The Kabul Courts and Conciliators: Mediating Cases in Urban Afghanistan

Zuhal Nesari, Karima Tawfik

August 2011

United States Institute of Peace

Abstract

USIP observation in the Kabul court system shows that a significant number of legal disputes are being resolved through a combination of formal and informal justice mechanisms, contrary to the assumption that resorting to traditional dispute resolution bodies occurs only in rural areas where legal awareness and access to courts is low. Specifically, the Kabul courts frequently refer cases to conciliators who are not part of the formal judiciary. This yields benefits for both the courts and litigants: Conciliators reduce the courts’ caseload and litigants receive a cost-effective and expeditious alternative to trials.