The Role of Traditional Dispute Resolution Mechanisms in Access to Justice in Egypt: A Qualitative Study

{ "background": "Traditional dispute resolution mechanisms have been integral to resolving conflicts in Egypt for centuries. These mechanisms include mediation, arbitration, and religious courts. Despite legal reforms aimed at integrating these practices into formal justice systems, their role remains underexplored.", "purposeandobjectives": "This study aims to explore the current status of traditional dispute resolution mechanisms (TDRM) in Egypt's criminal procedure system, focusing on their impact on access to justice for marginalized communities and non-litigant parties. The objectives are to understand the prevalence of TDRM usage, assess their effectiveness, and evaluate barriers and facilitators.", "methodology": "The study employs a qualitative research design involving semi-structured interviews with legal practitioners, community leaders, and litigants from marginalized groups. Data collection was conducted in urban areas across Egypt, ensuring a diverse sample that reflects the country's socio-economic diversity. Interviews were analysed using thematic content analysis to identify patterns and themes.", "findings": "There is a significant proportion (78%) of cases involving TDRM, particularly in rural settings where formal justice systems are less accessible. However, only 32% of litigants formally acknowledge the use of these mechanisms. Common barriers include lack of awareness about TDRM options and distrust in formal legal processes.", "conclusion": "Traditional dispute resolution mechanisms play a crucial role in facilitating access to justice for marginalised communities but face significant challenges in integration with formal legal systems, necessitating policy interventions aimed at enhancing their effectiveness and visibility.", "recommendations": "Policy recommendations include integrating TDRM training into law enforcement and judicial education curricula, promoting awareness campaigns about available mediation options, and developing mechanisms for data collection to track TDRM usage within the justice system.", "keywords": "Traditional Dispute Resolution Mechanisms (TDRM), Access to Justice, Egypt, Criminal Procedure", "contributionstatement": "This study contributes by providing empirical evidence on the use and impact of TDRM in Egyptian criminal proceedings, offering actionable recommendations for policy reform