Basque ethnography at a glance

Stacking hands brings the dispute to an end. Labayru Fundazioa Photographic Archive.

There is a growing acceptance of mediation by couples experiencing conflict in their relationship or over child custody, and arbitration agreements between consumers and businesses, as alternative methods of dispute resolution today. They may likewise be attempted in many other instances before legal action is sought. As a matter of fact, mediation was formerly a means of addressing disagreement in the family or neighbourhood.

Folks from the valley of Arratia in Bizkaia distinguish between one-off disputes (ailegoak, in Basque) and bitter arguments (haserreak), the latter of which require comprehensive settlement with a goal to restore the lost harmony. Inheritance and property rights, that is to say, a will, its execution and the distribution of assets, are more often than not the trigger for family disputes. Entrenchment arises at times, diverging positions cannot reconcile and talks fall through. Efforts are usually undertaken so that the elderly and children remain out of conflict. Generally speaking, enmity might persist among the living, but obligation to attend burials is respected.

Arbitral agreement provided by amiable compositors. Gernika-Lumo (Bizkaia), 1905. Courtesy of Segundo Oar-Arteta.

A family event, be that a wedding, christening or funeral, might on occasion provide an opportunity to meet, discuss the problem and work out a solution. Alternatively, endeavours were, at least until recently, made to settle the contentious issue through the intervention of a member of the family, as accepted by the parties, with enough prestige and a discreet nature, or the mediation of one or two good men known to be righteous and morally ascendant over the litigants. In the old days the appointed mediator could well be either a priest relative or the parish priest.

Lengthy disputes arising from perceived offence represented a major challenge and finding a way out proved particularly hard, for feelings of resentment developed within the family and were passed on to subsequent generations.

Common causes of disagreement between neighbours, including removal of boundary markers, fencing of land, access to private roads, and other circumstances, may also be attempted to be resolved through the abovementioned procedures.

Whatever the case, should mediation fail, disputes are in the last resort taken to court (auzia ezarri).

Segundo Oar-Arteta – Etniker Bizkaia – Etniker Euskalerria Groups

Translated by Jaione Bilbao – Language Department – Labayru Fundazioa

Reference for further information: House and Family, part of the Ethnographic Atlas of the Basque Country collection.