Community Mediation in Nepal

COMMUNITY MEDIATION IN NEPAL

Mediation as an alternative dispute resolution(ADR) mechanism is gaining prominence inNepal. Nepal’s citizens face both a weak and inac-cessible formal justice system and inadequatemeans of resolving local disputes. Mediation isable to fill this void in judicial assistance by pro-viding immediate, affordable, and locally accessi-ble dispute resolution services. Mediation inNepal offers a space to resolve interpersonal andcollective disputes, which transforms adversarialtensions into cordial relationships based on mutual respect.

Furthermore, this approach builds in problem-solving skills and strengthens peoples’ capacity to analyze situations, consider the perspectivesof others, and make effective decisions indepen-dently. A significant outcome of the mediationprogram has been the active participation ofwomen and members of marginalized communi-ties, both as beneficiaries and providers of mediation services. As a result, they are now wellrespected in their communities and serve as activecitizens by taking leadership roles in other localdevelopment activities.

THE ASIA FOUNDATION PROGRAM

The Asia Foundation initiated its communitymediation program in early 2002 by supporting

the Ministry of Local Development to introduceand pilot community-based dispute resolution.The Hewlett Foundation and The Asia Foundationfunded these initial activities in three districts,which were later expanded to eight additional districts with funding from the U.S. Agency forInternational Development. Since 2005, theMcConnell Foundation’s support has further deepened the practice of community mediation.

The main objectives of the Foundation’s mediation program are:

• Strengthening the ability of mediators totransform conflict • Increasing public awareness and officialsupport of community mediation• Establishing a professional organization ofmediators to institutionalize the peace andconflict transformation process • Fostering a strengthened and sustainablecommunity mediation program

Through its project, the Foundation continuouslyhelps to make the practice of mediation more culturally relevant and appropriate at the villagelevel. For example, original mediation trainingmaterials have been rewritten based on real-lifepractices, mediation training approaches havebeen redeveloped to encourage local participation,

As of September

2013, the Foundation

and its local partners

have received over

22,400 mediation

cases and have

achieved a resolution

rate of more than

85 percent.

Currently, 4,200

community mediators

are offering dispute

resolution services in

134 Village

Development

Committees and

municipalities in the

project districts.

Since 2001, The Asia Foundation has worked intensively in the development and implementation of facili-tated, interest-based mediation and is currently a recognized leader in community mediation in Nepal. TheFoundation promotes community mediation as a means to improve access to justice at the local level andestablish a culture of conflict resolution within communities.

NEPAL

HEADQUARTERS465 California Street, 9th FloorSan Francisco, CA 94104 USATel: (415) 982-4640Fax: (415) 392-8863info@asiafound.org

WASHINGTON, DC1779 Massachusetts Ave., NWSuite 815Washington, D.C. 20036 USATel: (202) 588-9420Fax: (202) 588-9409info@asiafound-dc.org

NEPALG.P.O. Box 935Bhat BhateniKathmandu, NepalTel: + 977 (1) 441-8345Fax: +977 (1) 441-5881Email: info@taf.org.np

www.asiafoundation.org

and experienced Nepali mediators have expandedthe practice of mediation across the country.Currently, 4,200 community mediators are offering dispute reso-lution services in 134Village DevelopmentCommittees andmunicipalities in theproject districts. As ofSeptember 2013, theFoundation and itslocal partners havereceived over 22,400mediation cases andhave achieved a reso-lution rate of morethan 85 percent.These figures, are astrong indicator of theprogram’s success as a culturally acceptable and effective means of dispute resolution.

The community mediation program has movedbeyond dispute settlement to increasing socialharmony through improved respect, communica-tion, and cooperation between caste, class, andgender relations. It has also improved local gover-nance through enhanced engagement betweencommunities and local government bodies.

In light of the emerging need and increasing complexity in the nature and type of disputes

being encountered by community mediators, theFoundation is also scaling up the practice of com-munity mediation to mediate complex multi-stake-holder conflicts, environment, natural resourcemanagement, social justice, identity, and policy.

AT THE NATIONAL LEVEL

The Asia Foundation has supported policyengagement on mediation at different levels. First,it has successfully convened a multi-donor work-ing group that supports the promotion and coor-dination of community mediation efforts. This

group helps foster acommon under-standing about thelegal dimensions andtechnical approachesto mediation andother ADR activities.

Second, theFoundation, in cooperation withother like-mindedpartner organizations,tirelessly lobbied theNepali government

to enact the 2010 Mediation Act, which recognizesthe validity and importance of community media-tion within the Nepali context. The Foundationand its partners have also been involved in draftingmediation regulations and the National Plan ofAction on mediation in partnership with theSupreme Court and the Ministry of Law and Justice.

And finally, the Foundation supported the institutional-level mediator network, CommunityMediators’ Society, which will serve as a nodalagency in disseminating information, institution-alizing the culture of dispute resolution, promot-ing peace and harmony in Nepali communities,and in protecting, promoting, and uniting therights and interests of community mediators. Thenetwork, with current membership of over 2,500mediators, provides a platform for amplifying thevoices of practitioners in policy.

01/2014

“I had thought that mediators would not listento a minority dalit woman like me and Imight not get justice, but my fears turned outto be unfounded.”

— Shanti Devi Pariyar, Service User

“The mediation training not only gave me confidence, but also changed my whole attitudetowards myself and other people, because todayI feel I also have the potential to contribute tothe society.”

— Januka Surkhali, Women Mediator andTrainer

Mediators from a village in Pohkara gather to talk about and share their experiences, successes, and best practices. Photo by Jon Jamieson.

In Nepal, The Asia Foundation’s programs are also funded by the Australian, British, Danish, and Swiss governments.

The Asia Foundation

is a nonprofit international

development organization

committed to improving

lives across a dynamic

and developing Asia.

Headquartered in San

Francisco, The Asia

Foundation works through

a network of offices in

18 Asian countries and in

Washington, DC. Working

with public and private

partners, the Foundation

receives funding from

a diverse group of

bilateral and multilateral

development agencies,

foundations, corporations,

and individuals.