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Nepalese Supreme Court Encourages Mediation in Civil Suits

Thursday, February, 20, 2014


 

In recent years, the Supreme Court in Nepal has been referring higher numbers of cases into mediation.  In 2010-2011, 134 cases were referred by the Supreme Court into mediation, but in 2012-2013, that number has risen to 170.  In the current fiscal year, over 86 cases have already been sent to alternative dispute resolution, and the mediation center of the apex court expects that number to double in coming months. 

 

According to mediators, this is a sure sign of the increasing belief in mediation held by those on the Supreme Court.  With overloaded dockets and a packed schedule, more judges are looking at mediation to help resolve issues more quickly and effectively without taking up court time.  Many disputes have been successfully resolved in mediation, bringing benefits to everyone involved.  Deputy Registrar Ram Prasad Neupane noted that there are often problems in civil suit judgment executions, especially where land disputes are involved.  As a result, many of these types of cases have been getting referred to mediation.  As those have seen success, the Supreme Court has sent over different types as well. 

 

Some of the most common types of civil cases heard at the mediation center include fraud charges, property disputes, and monetary dealings.  Success rates are low but improving, and Neupane believes that mandatory mediation, as is required in the Philippines, could be the answer to resolving many more cases successfully out of court.  On April 14th, the Mediation Act becomes effective, giving more authority to mediators, more training opportunities, and the establishment of an apex court Justice to manage the Mediation Council.