If SHIMGILNA was a business…

SHIMGILNA is an Amharic word that describes the process of mediation or arbitration by elderly wise local men designated or elected by the society, and hence, by the two parties seeking mediation. They are known as SHIMAGLEs. If I explained my topic this much, let me proceed to what I am going to share with you here after, follow me for the story!

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Businesses in the United States of America are all after money. Of course, that’s why they are formed and are called businesses, and “what is wrong about it?”, you may ask. Nothing wrong! It is true and normal that businesses should go after money. Yet, the businesses in the US go much further, or at least the way they make money differs from the way businesses in Africa make money.

It doesn't seem that the operators of US businesses are people and they operate with people. Mostly we communicate with telephone answering machines, websites and portals when remotely. If you go in person and happen to be talking with people, as the people in the business offices are mostly employees, they talk to you like machines do. That is, they do not listen to your problems in the way humans should; they do not have a room to sympathize with you and share your problems or try to help you outside the written guidelines they are trained to implement. Therefore, you will remain with no choices but pay or do whatever they or the system ask you to.

Recently, I moved out of my long-lived apartment. When I moved out, my roommate and I cleaned every corner of the apartment to the best we could. Nothing was damaged or broken. It was all in good condition apart from the carpet that had never been changed or washed since before I moved in. I did not want the hassle of dealing with the lease office staff and did not ask for a wash or replacement. Instead, we just tried to keep it clean as much as we could and it had no stains or damages except its own lifetime wear.?

Long before my move-out date, a month earlier than as per their policy required, I had given them a notice for termination of lease after first changing the lease agreement to a month-to-month plan. Then, the day came and I handed keys back to the lease officers by signing a Move Out Documentation. At that time, I requested an inspection of the rooms while I was still there, but the Apartment staff said they would have their inspectors do the inspection on a later day and they would notify me and I was good for the time. I could not argue and force them to do it right away for me and I had to leave by agreeing to their decision.

I moved out. A few days later, the apartment office emailed me with a charge notice of hundreds of $$ attributing it to a damaged carpet. I emailed and called back and tried to defend myself saying the carpet ended its lifetime and I can’t be liable for that. As I said, they were not able to listen to my points as a human can do; they are human-machines. Worse, they added another charge in thousands alleging that I did not give sufficient notice of move out. There you go! The employees do not hear what you say at all! They only are there to facilitate the system in place functions regardless of human judgment and sympathy.

Thereafter, I had to hire a lawyer and take the case to the court. The court system is set up in its own way of another level of meticulousness and complexity. I had to first file the case at a Small Claims Court. Then, the court gave me a Summons document to be served to the defendant. That Summons could not be served by me but by a Sheriff. I went to the county’s sheriff office and requested their service. Fees were paid for both the Court and the Sheriff. Then, the defendants were served. Time went by. Everybody was silent! I waited and waited but nobody was reacting.

The appointment for the hearing date the court gave was far out into December, the filing being in August. In between, however, there is a step that has to take place and is called Mediation. The two parties have to mediate to resolve the case and report to the Court. Either party could initiate the mediation, as far as I understood. My landlord won’t initiate it in any case though, because they don’t care about my money; because they are a rich company; because the owners or shareholders would never know about it. So, I should be the one to initiate it.

I called the Court and asked for a list of mediators. I called the first one on the list. She explained to me everything including the documents she needed from me and the fee she would charge. I agreed with all of her requirements and ended the call.

Right at that moment what came to mind was this: ‘Is mediation a business?’ America! Everything can be a business in America! Back home, elders did it for free for generations, and are still doing it! My father mediated farmers who disputed over farmland borders, husbands and wives who quarreled and disputed over their properties during divorce; he mediated youngsters and adults who might have been involved in bloody clashes, all for free! The most these mediators, called SHIMAGLE in Amharic, could get is lunch/dinner and/or local beer, TELLA!

The SHIMAGLE mediation or arbitration system in Ethiopia is a traditional justice system which is as old as the existence of the societies there. Every problem that might be created in the community is resolved by one or a group of SHIMAGLEs.These elderly or wise people in the communities have a higher role to maintain peace, love and justice in their respective communities. The two parties seeking mediation can choose their own SHIMAGLE s. Although the SHIMAGLE s are chosen by the parties, they are loyal and honest to be neutral, fair and square, in the mediation process. They must be such, not for anything else but for three things: their own conscience, their God, and their dignity and acceptance in the community! The Ethiopian rural and small town population has sustained peacefully and justly for centuries with the justice system of SHIMIGLINA or SHIMAGLE s. Ethiopia is now suffering from clashes and conflicts because the modern government system and the young generation have shunned such traditional justice systems and nobody listened or appealed to the wisdoms of elderly Ethiopians.?

Had they done their mediation services for fees as in the US, their children and grandchildren would have been owners of rich, established mediation firms by now!