Question

Using this information write a good essay. Correctly fit into the criteria given below.The problem is, dispute over piece of land which involves two major tribe in our community. That is, about confusion arise when the land is originally Belongs to my grandfather who adapted a boy from other tribe. Then my grandfather gave that piece of land to that adopted boy from other community near the border of entire community boarder and told him, I only gave you this land to make gardening and after you got married, and if I die, you leave my land and go back to you community. The adopted boy said, I'll do as what you instructed. Then my grandfather died and that adopted boy refuse to go back to his own soil but remain until he got married and died. Adopted boy didn't told his children about that land history and his children thought that that piece of land belong to their father. We have been informed by my grandfather so, after our family population grow big, we try to took back our land but they refuse to give back our piece of land. Then, we had a little fight over that land and took it that matter to the some of our grandparents or older people to confirm if it is true our land. However, few didn't declare as our land but majority of the older people said that it is true that the land belong to ours and not theirs. So, later they appeal and told us that we'll see legal advice from that land and processing law that we'll dealt with a court. When we appear in court, after hearing from both parties, the court makes a decision and gives back our piece of land because of much of the evidence we provide proof that land belongs to us. Evidence such as a tree my grandfather planted at the real boundaries, the ashes of the fire which he lived there in the past, the gardening which surrounded that piece of land where land disputes occur. The other party for that adopted boy didn't have the evidence. Then, win-win resolution was made by a magistrate in court states that both involved parties must split the land into half and have a equal share of land because few Older people support the other group which is adopted boy and his community while many support our family and community. Magistrate don't want trouble so he ordered the land to be split into half and we did it and both parties now we are benefing on that same land equally. If win-win resolution was not made, then we will not be settled well because the tension and eager for claiming that piece of land is higher and for our side as well.

Guidelines
You are required to write an essay about a conflict which was recently faced by your own community and explain it in a Melanesian perspective of how they traditionally handled the conflict to resolve the situation. Give a brief background history about the case scenario and discuss the resolution process involved to solve the problem.

Include a separate reference list at the end of your essay paper.

Give a good title of your essay

Clearly define key terms and concepts and briefly
elaborated on.
Introduction of the content of the discussion.
Clearly detailed the following themes in discussions and supported with practical examples and related literatures:

Give a brief background history about the
case scenario.
Discussion of the resolution process
involved to solve the problem includes:
- In-cooperating the formal law.
In-cooperating traditional/
Melanesian style of resolving
problems. In your ending the resolution
process should have win-to -win
solution for both parties involved in
the situation to avoid future problems.

Answers

Answered by GPT-4o mini
**Title: Navigating Land Disputes: A Tale of Resolution Between Two Tribes in Melanesia**

**Introduction**

Land disputes are a common challenge in many communities around the globe, particularly in regions where traditional customs and modern legal frameworks intersect. In Melanesia, where kinship ties and communal identities are deeply entrenched, these conflicts often reveal the complexities of ownership and heritage. This essay explores a recent land dispute between two major tribes in our community, delving into the historical roots of the conflict, the resolution processes employed, and the ultimate win-win solution achieved. It also highlights the interplay between traditional conflict resolution methods and formal legal systems, demonstrating how a holistic approach can foster harmony and coexistence.

**Background History of the Case Scenario**

The conflict originated with a piece of land that belonged to my grandfather. As a gesture of goodwill, he adopted a boy from a neighboring tribe and granted him the use of this land for gardening purposes. My grandfather explicitly stated that the boy could occupy that land only until he married, at which point he was to return to his own community. Respecting my grandfather’s wishes, the boy initially agreed. However, after my grandfather’s passing, the adopted boy chose to remain on the land and eventually established a family there, unaware of the land's original stipulations.

As generations passed, the adopted boy’s descendants came to view the land as their rightful inheritance, unaware of the verbal agreement made by their father. Meanwhile, our family, having been informed about the true ownership of the land, sought to reclaim it as our community’s population grew. This misunderstanding led to tensions that culminated in confrontations over ownership, prompting us to seek resolution through community elders, who offered mixed opinions about the land's rightful ownership.

**Resolution Process Involved**

**Incorporating the Formal Law**

The final resolution of the land dispute was achieved through formal legal mechanisms. After an unsuccessful initial attempt to resolve the matter through mediation with elders, our family appealed to a local magistrate. The court proceedings involved both parties presenting their case, with evidence from our side strongly suggesting that the land rightfully belonged to us. Our proof included a tree my grandfather planted marking the boundaries of the land, the ashes of fires from family gatherings held there, and remnants of the gardening activities he undertook.

In contrast, the other party presented no tangible evidence to support their claim, making it difficult for them to assert ownership legally. Ultimately, the court ruled in our favor, returning the land to our family based on the evidence we provided. However, the magistrate recognized the need for an equitable solution that would mitigate animosity between the two tribes.

**Incorporating Traditional/Melanesian Style of Resolving Problems**

Understanding the significance of communal harmony in Melanesian culture, the magistrate proposed a compromise: a win-win resolution that entailed splitting the land in two, with both parties receiving equal shares. This traditional Melanesian approach respects communal relationships and emphasizes shared resources, allowing both families to benefit from the land moving forward, rather than fostering a cycle of resentment and retribution.

By employing a consensus approach rooted in Melanesian customs that emphasize reconciliation and mutual understanding, the magistrate effectively addressed the underlying tensions that fueled the dispute. This solution not only resolved the immediate conflict but also fostered a spirit of collaboration between the two tribes.

**Conclusion**

The resolution of the land dispute between our family and the adopted boy's descendants illustrates the necessity of blending formal legal systems with traditional conflict resolution methods in Melanesia. The initial conflict, rooted in misunderstanding and historical agreements, exemplifies the importance of open dialogue and trust within communities. The win-win solution provided by the magistrate not only resolved the dispute but also laid the groundwork for future cooperation and harmony. As we move forward, it is imperative that both tribes honor their shared connection to the land and collaborate in cultivating its resources, thus ensuring a peaceful coexistence for generations to come.

**References**

[Note: In a formal essay, a references section would list all sources cited in the text, including books, articles, legal documents, and any community elder testimonies used for support. Please provide specific references as per your needs.]
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