Disputes may not be resolved through the decision-making process, but disputes can be resolved through mediation—Deputy Mayor Dangol

Magh 24

Kathmandu. Kathmandu Metropolitan City Deputy Mayor Sunita Dangol has been actively visiting the wards to get information about the status of the ward-level mediation center. She visited wards 11, 13, 14, 15, 16 and 26 today with Judicial Committee member Asha Shrestha Rauniyar and officials from the Law and Human Rights Department. During this, she inaugurated the mediation room of ward 16 Of the wards inspected today, the establishment of the room has not been confirmed in wards 11 and 13 due to lack of space. The room has been constructed in ward 14. The list of mediators has also been posted here. The room is in the process of being constructed in ward 15. There is space in ward 26. It is yet to be developed as a room.

On Magh 24, the committee had already inspected wards 2, 3, and 4.

After the inspection, the Deputy Mayor urged that, if possible, a mediation room be set up not in the ward office but in a rented place nearby. When a complaint is taken to the decision-making process, the dispute may not be resolved. One party is dissatisfied with the decision. However, mediation is sustainable. This will resolve the dispute. Therefore, mediation is a priority. With the active participation of the women's ward representatives and the women's network, Kathmandu Metropolitan City will do exemplary work in judicial resolution. He said.

To make the center effective, the Deputy Mayor had discussed it with the ward chairperson, ward members, coordinators, members of the women's network, and the ward secretary.

During that time, he said that mediation should be done before the dispute turns into an ego and that informal mediations should also be recorded.

Judicial Committee Member Shrestha Rauniyar said that there is a practice of remembering the police as soon as a complaint is received, and now the message should be conveyed that it is enough to go to the ward. He said that a sustainable message of the work of the metropolis will be created through quality service.

During the inspection, Ward 11 Chairman Hiralal Tandukar shared his experience of resolving complaints even without registration. He said that he planned to operate a room by renting a nearby space due to lack of space. Ward 13 Acting Chairman Ram Babu Koirala said that since the structure of the building where the ward is operated cannot be improved due to land disputes, the room will be established by renting a space.

It is said that when a case is taken to court, those who have money win. It is not said that those who have money win and those who do not lose at the mediation center we operate. Ward 14 Chairman Suman Shrestha said that both sides win here. We resolve disputes by going to the village itself.

Ward 15 Chairman Ishworman Dangol also has the experience of going to the village itself and resolving disputes. He says that theoretical knowledge should be implemented with practical skills. Only after the capacity of all public representatives and employees is developed can the expected results be obtained from this.

It has finally felt like it has arrived in Singha Durbar ward. During the inspection, Ward 16 Chairman Mukunda Rijal said that manpower should be added to make it more effective. Amin may have to be measured in the Sandh Sandhiar dispute. We should start working on such issues from now on.

Except for some complex ones, no disputes have been sent to the metropolis from Ward 26 in the last 5 years. Giving information about the dispute resolution practice, Ward 26 Chairman Khyamraj Tiwari said that many issues can be resolved at the place of origin with the skillful leadership of the people's representatives.

During the inspection, Ward Secretaries Sushil Kunwar, Sushil Subedi, Prakash Khadka, and Kedar Rimal shared their experience that all types of complaints are now being received and problems are being resolved through dialogue and discussion. They said that they are working to fulfill the need to make the mediation room trustworthy for the parties and to have mediators who can share confidentiality.

The ward secretary has been given the same authority as the justice administrator of the metropolis. He is the registrar who decides whether to register a complaint or not. Citing the provisions of the Metropolitan City's Conciliation Room Operation Guideline 2079, Basanta Acharya, head of the Law and Human Rights Department, said that the Conciliation Room should have appropriate infrastructure to hear complaints. The room should have books related to the federal, provincial and local levels. If there is any confusion on any issue, it should be possible to consult that book and make a decision. He said that drinking water, computers, and other facilities will be provided at the center.

Providing free legal services in the ward, keeping the details of the 76 mediators listed in the metropolis in a visible place so that both parties can choose a mediator, and activating the women's network were discussed during the inspection.

Criminal cases that can be imprisoned for one year, civil cases that can be reconciled, house rents with a loss of up to Rs 2.5 million, and house rent facilities are the responsibility of the judicial committee. These disputes can be reconciled.

The basic process of reconciliation is to listen to the sides, gather facts and evidence on the dispute, and satisfy both parties.

Article 217 of the Constitution of Nepal provides for the Judicial Committee. The provisions related to the work, duties, and jurisdiction of the Committee are provided for in Chapter 8 of the Local Government Operation Act, 2074.

The Committee operates the process of administering justice according to Section 47 of the Local Government Operation Act, 2074, on the jurisdiction of the Judicial Committee; Section 48 on the exercise of jurisdiction, and Section 49 on the administration of justice. Similarly, while administering justice, it administers justice according to the universally accepted principles of law, the principle of precedent, and the values ​​and norms of prevailing laws and regulations.

The concept of the Ward Level Mediation Center is to take this work to the ward level and bring the process of administering justice to the citizens' courtyard.

In addition to the Judicial Committee, the issues of building construction standards are considered by the Chief's bench, while the issues related to building construction permits are considered by the Chief Administrative Officer's bench.

Stages of Mediation

During mediation, 7 different stages of processes are adopted. At the beginning, a welcome and introduction are made. In the second phase, basic rules and rules of conduct during the mediation period are made. In the third phase, a description of the incident is presented and information related to the incident is collected. In the fourth phase, the issues of dispute are identified. In the fifth phase, options are identified to resolve the disputed issues. In the sixth phase, group or private negotiations are held, and finally, no matter what the agreement or disagreement, it is concluded.

Who is the mediator?

The party or the opposition can choose a mediator themselves to mediate the complaint or case. The other party must also agree to the mediator chosen by one. If this is not possible, the mediator appointed by the concerned authority will resolve the dispute.

According to Director Acharya, Kathmandu Metropolitan City has now decided that 76 mediators can work as mediators anywhere in the center or ward.