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Int'l standard needed for mediation: CJ Shrestha

2024 Feb 24, 5:33,

 Chief Justice Bishwambhar Prasad Shrestha has said international standard is needed for mediation in the wake of globalization and development of private international laws.

"Diversification of nature of disputes has gradually softened the national norms on justice adjudication. It is caused, especially by trade, enterprise and globalization," he said, stressing the need for mediation not only for national but also for interstate context.

CJ Shrestha made such observation while addressing an international conference on mediation organized jointly by the Supreme Court Bar Association, Mediation Committee, and the Bangladesh Mediation Society in the federal capital on Friday. The mediation has been established as a significant tool to dispute resolution, he added.

He however said there are host of challenges before mediation despite efforts to make it effective. The mediation is in practice in south Asian countries, including Nepal, India and Bangladesh for dispute resolution for long because all of us have common problems and challenges.

"From the view point of legal management of mediation, the experiences are however not so old, so additional revision and reform is essential on legal and procedural fronts," he commented.

CJ Shrestha pointed out the need of making aware the people on benefits of mediation. The success of mediation lies in mediators' skills, expertise, and diligence. The CJ believed that the conference will help exchange views and experiences in mediation in south Asia. It will also be helpful to build a network of mediation in the region.

On the occasion, Chairperson of Nepal Bar Association, Gopal Krishna Ghimire, said mediation is important for lasting dispute resolution and efforts for different policy and legal reforms are underway for its effectiveness.

The Mediation Act 2068 is the first law on it in Nepal. The constitution of Nepal has adopted a policy of considering conciliation as the alternative measure for dispute resolution.

Similarly, Chairperson of the Supreme Court Bar Association, Hari Shankar Niraula, shared that the aim of the conference is to encourage all nations to settle dispute through conciliation and prepare interstate mechanism related to it.

A total of 52 people from Nepal, India and Bangladesh are participating in the two-day conference. The conference has also made preparation to issue Nepal Declaration.

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