The Chickasaw Nation Peacemaking Court brings Chickasaw traditions, values and customs into modern courtrooms. Resolving disputes for more than 20 years, the Peacemaking Court is a division within the Chickasaw Nation District Court. Peacemaking Court is typically a less expensive, and more timely and culturally sensitive alternative to formal Chickasaw Nation District Court hearings.
“The Peacemaking Court and its circle gives our people the opportunity to reconcile their difference in a safe environment,” Tewanna Edwards, a peacemaker for the court, said. “It’s a place where people have a chance to speak openly and tell their stories and perspectives. In respectful manner, our people have their own say, without an attorney present. Confidentiality at these special gatherings is important.”
Peacemaking Court is a forum for cases to be heard and decided upon using traditional Chickasaw methods. Informal in nature, district judges assign peacemakers to guide and oversee parties in making fair and informed decisions.
As one of more than 30 Peacemaking Courts used by various tribes across the country, the Chickasaw Nation Peacemaking Court puts emphasis on community restoration and repairing relationships. Using Chickasaw values, conflicts are resolved through discussion.
For a case to be heard in the Chickasaw Nation Peacemaking Court, all parties involved must agree to the selection of a peacemaker by the Chickasaw Nation District Court, and they must abide by the resolutions of the Peacemaking Court.
“I consider it an honor to be asked to serve as a peacemaker and to be of service to the district court and the Chickasaw people,” Chickasaw Nation Peacemaker Wayne Edgar said.
According to the late Supreme Court Justice Barbara A. Smith, First American peacemaking courts differ from western mediation.
“Mediation is about an issue, peacemaking is about relationships,” Smith said in a 2014 Center for Court Innovation article. “The key is the peacemakers go in not with the thought of solving the issue. Instead, it’s about helping everyone learn to talk to one another so that they can resolve the problem themselves.”
The core values of Peacemaking Court include respect, humility, compassion, spirituality and honesty. No value carries more significance than another. Participation in the peacemaking process indicates acceptance of these values, both in word and action, and is a commitment between people to move forward from the point of dispute.
“Our people agree to speak one at a time without interruption,” Edwards said. “While holding a talking piece that is passed from one person to the next as they finish speaking, our people agree to speak the truth from their heart and mind — for they came to the peacemaking circle willingly in hopes to resolve their issues. Our people agree to be fair, listen and be respectful of each other at all times.”
Peacemakers are appointed to their position by the Chickasaw Nation Supreme Court. A strict set of guidelines is used during the selection process. As community leaders, peacemakers are respected public servants contributing to positive change. There are currently three peacemakers within the Chickasaw Nation.
Each peacemaker understands Chickasaw culture and traditions, as well as having a core knowledge of modern codes and conduct of the Chickasaw Nation. In instances where peacemakers cannot help to resolve problems, these cases are referred back to the district court to be heard.
“The Chickasaw Nation District Court respects and embraces the Peacemaking Court,” Edwards said. “The court understands we are helping our people heal and find solutions. We are restoring peace and allowing people to move forward while presenting our findings to the judge for review and consideration.”
Once a decision has been made by the Peacemaking Court, a document called the Report of Peacemaking is prepared for the referring district court judge. While the Report of Peacemaking is not enforceable at this point, the district judge can review the report and make Peacemaking Court recommendations enforceable by Chickasaw Nation District Court.
“Peacemaking has been a part of our culture and heritage from the beginning of time and was implemented by our forefathers,” Edwards said. “The Chickasaw Nation officially made the Peacemaking Court part of our law.”