Dimensions of Informal Justice: A Qualitative Study of Community-Based Dispute Resolution Mechanisms

Abstract

The objective of this study was to explore the dimensions of informal justice, specifically community-based dispute resolution mechanisms, in Isfahan, Iran, by examining the perceptions, processes, and socio-cultural influences shaping these systems. This qualitative study utilized semi-structured interviews to collect data from 20 participants who were directly engaged with community-based dispute resolution mechanisms. Participants included community elders, local mediators, and residents familiar with these practices. The interviews were analyzed using NVivo software, employing thematic analysis to identify key themes and patterns related to informal justice practices and their impact on social cohesion. The findings revealed that community-based dispute resolution in Isfahan is characterized by mediation processes led by community elders, who are seen as culturally legitimate and morally authoritative figures. Participants perceived the system as fair and effective, with an emphasis on restoring relationships and social harmony. However, some concerns were raised regarding gender dynamics, as women’s voices were sometimes marginalized. Participants also expressed a strong sense of trust in the system, which was perceived as more flexible and culturally appropriate compared to formal legal processes. Social and cultural factors, such as respect for hierarchy and religious teachings, played a significant role in shaping the functioning and legitimacy of informal justice mechanisms. The study concluded that community-based dispute resolution mechanisms in Isfahan serve as a vital component of the informal justice system, contributing to social cohesion and conflict resolution. While generally perceived as effective and fair, there are areas for improvement, particularly in terms of gender inclusivity. The findings suggest that integrating these systems with formal legal frameworks could enhance their effectiveness and promote a more inclusive approach to justice.