We need to make the citizens of the metropolis feel that justice is not expensive, but by doing it—Deputy Mayor Dangol
Orientation on the law on reconciliation for women's networks and mediators
Falgun 17, Kathmandu.
Kathmandu Metropolitan City Deputy Mayor and Coordinator of the Judicial Committee Sunita Dangal has said that citizens should be made to feel that justice is not expensive and is accessible and simple. She said this at an orientation program on the legal management of the metropolis on reconciliation organized for ward women's networks and mediators at the National Assembly House today.
'Access to justice for all is an indicator of the Sustainable Development Goals. This indicator has indicated ward-level judicial activities. Deputy Mayor Dangol said, 'There are many types of global practices of dispute resolution. Among all of them, reconciliation is an appropriate and satisfactory method for both parties. A decision is made in the process of losing and winning, but the root of the dispute remains. Therefore, our plan is to resolve all disputes within the jurisdiction of the metropolis through mediation in the designated room of the ward.
The environment of the mediation room plays a major role in facilitating reconciliation. Therefore, the infrastructure of the place where joint or private talks are held should be mediation-friendly. Kush Dhakal, a member of the Judicial Committee and Chairman of Ward 29, says, ‘The parties to the dispute do not say that they will reconcile, but if someone facilitates them in their hearts, they are thinking, why prolong the dispute? We must fulfill this desire in the hearts of the parties to the dispute.
Presenting the provisions of the mediation center operation directive at the orientation, Basanta Acharya, Head of the Law and Human Rights Department, said that an effective mediation environment will be created through the joint efforts of people’s representatives, coordinators and members of the women’s network, mediators, and employees.
The directive covers topics such as the establishment and operation of the center, the functions, duties, and rights of the center, the basic facilities of the center, and the management of services. Similarly, the selection of mediators, the presence of parties in the dispute, the process of conducting the mediation session, matters that the mediator should pay attention to, arrangements related to the agreement letter, and informing the parties are in the directive. Similarly, the tasks, duties, rights, and records management of the center management, center management coordinator, and mediators are included in the schedule.
The dispute record form, list of listed mediators, mediator's report, and agreement letter format are included in the schedule. The mediator's code of conduct, professional conduct, and responsibilities are included in the schedule.
During the orientation, while discussing whether or not the mediator's fee can be charged from the parties, it was suggested that the metropolis should provide the facilities that the mediator should receive and that no fee should be charged from the parties. Similarly, while discussing whether or not to disclose the reasons when writing a report for failure to mediate, it was suggested that such reasons should not be written as they affect the decision-making process of the decision-maker.
Whoever makes the decision has the right to verify it. Therefore, it should be sent to the center for verification of mediation in the ward. Once a dispute comes to the ward, the employee's job is to register it or not, arrange a date for the petitioner, bring the parties, and take both to the mediation room. The mediator's main role is to conduct the mediation session from the time they reach the mediation room, write a settlement agreement based on progress, and write a report if there is no agreement. The women's network will manage all these tasks.