Poush 5, 2080 — Kathmandu.
Not all victories are beneficial, so officials emphasize that interests should be considered more than victories Deputy Mayor Sunita Dangol administered the oath to 66 mediators listed in Kathmandu Metropolitan City today. They were administered the oath at the ‘Oath-taking and Orientation of Mediators’ program organized at the National Assembly Building.
Speaking at the event, Deputy Mayor and Coordinator of the Judicial Committee, Dangol, highlighted the importance of meaningful outcomes over mere activity:
“The number of mediation sessions conducted is not the result for us. The result lies in the number of disputes actually resolved through those sessions.”
To illustrate her point, she compared mediation to a football match: “It’s not the game played on the field that matters, but the goals scored in the net. Similarly, what counts is not how many sessions we hold, but how many disputes are successfully resolved.”
She also reminded mediators that : “Not all victories are beneficial, so it is important to prioritize the interests of the parties involved over just winning.”
Deputy Mayor Dangol also emphasized the vital role of local government in judicial adjudication, stating that the local government holds a deep responsibility in resolving disputes. Mediators should study each case thoroughly to ensure fair and just outcomes.”
She noted that mediation rooms have been established in ward offices to achieve the goal of resolving disputes from the ward level, and women’s networks have been formed and actively mobilized to support these efforts, strengthening community-based justice.
During the program, Kush Dhakal, member of the judicial committee and chairman of Ward No. 29, highlighted the challenges victims face in seeking justice once a dispute reaches the court. He said, “By the time a case arrives at the court, the matter has often already been diverted, making it difficult for victims to obtain justice.”
He emphasized the importance of local judicial resolution, adding,
“No one understands the problem, situation, and attitude better than the locals themselves. That is why resolving disputes at the local level is crucial.”
Talking about the public image of legal professionals, he added, 'There is a perception that those who try to support the case by saying they will help increase the cost by prolonging the time. Such negative comments should not be made about the image of the mediator.
Presenting a working paper at the orientation, Basanta Acharya, Head of the Law and Human Rights Department of the Metropolitan Municipality, said, 'Both parties should have less to lose and more to gain from mediation. The atmosphere for reconciliation becomes easier when the parties to the dispute realize this. The Metropolitan City has formulated a law and made arrangements to register the dispute-related petition at the ward office through judicial decentralization.
Giving information about the Metropolitan City's arrangements, Acharya said, “There is a system in place where the petition is registered or filed at the ward, and the women's network creates an environment for mutual discussion through the mediator on the registered petition. The dispute is resolved from the ward. The intention of the law is that the matter should come to the center only for its verification.”
Presenting a working paper at the program, Ramkrishna Kafle, President of the Mediator Society, said that if the dispute reaches the court, it will go to the process, and he said that when resolving disputes through mediation at the local level, one can decide on their own issues. He said that mediation can be done based on the information (knowledge aspect), process (skill aspect), and perception (change aspect) learned by the mediator in the training.
Mediation and its stages
Mediation is a method of resolving disputes by facilitating mutual agreement between the conflicting parties. It emphasizes dialogue, mutual understanding, and restoring relationships, rather than assigning blame or winning a case.
Stages of Mediation
Initially, an attempt is made to make the parties agree through mediation. If the parties do not agree to mediation or if the mediation method is not suitable for settling the case, further processes are taken forward. If both parties have interests and wins, their desires are met, and the relationship improves, mediation is conducted. If the relationship between the parties does not seem to be harmonious even after mediation, then mediation should not be conducted. Minor disputes and personal problems are more attracted to it. Social (distributive) justice, interests, wins, achievements, and relationship improvement are the benefits of mediation. Alternative means of obtaining justice, privatization of judicial work, search for problem solutions, and pragmatism against existentialism (written law) are the theoretical foundations of mediation.
A 7-stage process is adopted during mediation. In the beginning, a welcome and introduction are made. In the second stage, basic rules and rules of what to do and what not to do during the mediation period are made. In the third stage, the details of the incident are presented and information related to the incident is collected. In the fourth stage, the issues of dispute are identified. In the fifth stage, alternatives are identified to resolve the issues of dispute. In the sixth stage, group or private negotiations are held, and finally, whatever the agreement or disagreement, it is concluded.
Currently, the local-level judicial committee has been given the responsibility of reconciliation. The Metropolitan City has created an environment where reconciliation can be carried out by the ward by making provisions for laws that allow reconciliation at the ward level. In cases where someone else has encroached on land other than government, public, or community land, building a house or any structure on someone else's land that does not reach their right, divorce between husband and wife, and complaints of assault, insult, and robbery that can be imprisoned for a maximum of one year except for mutilation are disputes that can be resolved through reconciliation.
That is, reconciliation can be carried out in all types of cases except for constitutional, criminal, and serious crimes.
Who is a mediator?
The party or the opposition can choose a mediator to mediate a 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.
Mediator's fee
When conducting a mediation session, the Metropolitan City provides 1,500 rupees as transportation expenses to the mediator. Apart from this, no fee can be charged from the parties.
Up to 3 mediation sessions can be conducted in a dispute. During this period, if an environment is created for mediation and reconciliation is reached during subsequent sessions, additional sessions can be added based on the report.
People do not want to go to court for justice because going to court with minor disputes takes a lot of time, costs a lot, and the process is cumbersome. Therefore, a mediation center can be a suitable option for those who have problems but do not want to go to court for resolution.