Post-Communist ADR

             3.        What are the implications of judicial corruption on ADR?

Since corruption is so widespread in the judicial system in post-Communist countries, in order for
ADR to be accepted by the public, it is absolutely essential that arbitrators and mediators be fair,
balanced, and not corrupt. ADR systems must not be perceived by the public as instruments of
corruption. There must be a zero-tolerance policy for corruption among those who are a part of the
ADR system. There also needs to be unbiased, independent and uncorrupt courts to enforce
mediated solutions and arbitrated decisions . Thus, for ADR to be successfully implemented, it is
necessary to strive for judicial reform so that judges in post-Communist countries do not need to
rely on funds from corruption, such as bribes, to support themselves. It is difficult to interest the
judiciary to refer cases to mediation, if the cases are a personal profit source.

    C. Feminism in Post-Communist Countries

The historic male domination in Communist societies also makes the advent of mediation difficult.
An exploratory study on domestic violence in Albania revealed that Albanian society has a history of
male domination in which women are taught to obey their husbands and accept submissive roles, a
reflection of the strong patriarchal traditions of the Balkans.   With the fall of the communist regime
in 1991, Albania went through a period of deep and dramatic social, political and economic change.
Gender equality is a principle that is new to Albanian society and has not yet been embraced by a
significant percentage of the population. Although in recent years important changes have taken
place in Albania, women’s subordinate status remains well entrenched.

Despite the fact that Albanian women increasingly entered the labour force during the last 50
years, traditional gender roles in the family are still preserved. In Albanian culture, it is considered
a shame for men to let women make decisions, or admit that the woman has a better perspective,
and take her perspective into consideration when making decisions. The pronounced gender roles
in Albanian culture seem to suggest that dispute resolution through force and/or the adversarial
process is a more ‘masculine’ way to resolve problems whereas mediation may be considered a
‘feminine’ way to resolve disputes.

It is conceivable that the paternalist nature of Communist rule reinforced these patriarchal attitudes
and practices.   While domestic violence is a worldwide problem, it is, perhaps, most tragic in the
newly emerging democracies of Central and Eastern Europe. Held in the firm grip of Communist
control for over fifty years, their single decade of newfound freedom has brought social upheaval
and led to an increase in domestic violence.

Considering that arbitration is a process where an appointed authority figure (i.e. an arbitrator, or
‘private judge’) renders a decision after hearing the parties’ case, and mediation is a process where
a neutral helps the parties arrive at a settlement of their dispute, it is feasible to assume that socio-
cultural tendencies in post-Communist countries may result in a preference for arbitration.

In post-Communist countries, mediation may be viewed as a feminine way to approach a conflict.
Because post-Communist countries such as Russia and Albania are still very male-dominated
cultures and women have a sub-ordinate status in these countries, a ‘feminine’ way of approaching
conflict such as mediation may not be highly regarded. However, this phenomenon should not
prevent mediation from eventually establishing itself and flourishing in post-Communist countries.
Thus, for mediation to be successfully implemented in post-Communist countries, it is essential that
it is not seen as ‘feminine’. If the proponents and supporters of mediation are largely male, then it
may be more easily accepted in post-Communist societies.