When a case is considered by informal bodies, there is generally a significant amount of discussion about the process: who will be involved in making the resolution, what the parameters of the resolution might be, and to what extent the decision is binding. In analyzing such processes there is the dangerous tendency to directly translate into English the techniques of resolution, such as "mediation" and "arbitration." While informal dispute resolution contains elements of mediation and arbitration, it may differ in several important respects. he first important difference is that, in some parts of the country, both sides generally begin by presenting their cases, and there is a period of negotiation and discussion by participants before they grant authority, known as waak, to the jirga or shura to resolve the dispute.
Another difference is often that while the decision of a dispute resolution council is generally considered binding, in practice there may be room for a decision to be disputed and negotiated, unlike in binding arbitration where parties accept to be bound by the decision in advance. his is particularly true in Pashtun areas, where jirgas often require a sum of money called machalga, which is to be collected after both sides have formally granted waak to the jirga to resolve the dispute. he machalga is meant to ensure that both parties adhere to the decision of the group, because it is forfeited if either party does not accept the jirga's decision or breaches it at a future date. In some instances, this may have unintended consequences, particularly in areas where jirga members can keep the money if a resolution is not achieved. Here individuals sometimes complain that the machalga can actually discourage jirga members from reaching a just resolution between the parties. As a means of personal enrichment, the jirgamaran (those members of the jirga) would intentionally reach a decision that they knew one or both of the parties would not abide by solely to gain legitimate claim to the machalga. his consequence may be mitigated, however, if the machalga is given to the community more generally and not to individual adjudicators. In practice, however, it is rare to find cases in which machalga has been given and the dispute has not been successfully resolved, since the submission of machalga publicly demonstrates a willingness on the part of both sides to negotiate.25
Usually economic incentives such as the machalga are combined with social pressure to encourage disputants to resolve their cases and accept the decision that is given. In Pashtun areas, the concept of kabargen, or social isolation, is one means of social pressure. In other areas, less formal social pressure may be applied, particularly by family members. For example, a mutual relative of both disputants may be sought out to encourag