Mediation Bill aims at lessening burden on court: Minister Gautam

Kathmandu: Minister for Law, Justice and Parliamentary Affairs, Sobita Gautam, clarified that the Bill relating to Mediation was being amended to ensure that both parties can reach an outcome where neither is considered entirely the loser or winner.

Responding to the queries raised by parliamentarians during the meeting of the House of Representatives seeking deliberation on the principle of the Mediation (Second Amendment) Bill, 2083 BS, Minister Gautam on Wednesday expressed her confidence that mediation could significantly reduce the number of cases reaching or remaining in courts.

According to her, the government is seeking to strengthen mediation as a means of resolving disputes more quickly, fairly and amicably.

Minister Gautam assured that it would reduce the growing burdens on courts. She viewed the reconciliatory initiative could help both parties avoid high costs and lengthy procedures associated with litigation.

The Minister also believed that it enables justice seekers obtain justice in a simpler and faster manner. More importantly, the Minister noted resolving disputes through dialogue could help prevent bitterness and lingering hostility between the disputants.

However, the reconciliation does not apply to matters or cases where existing laws prohibit such settlement.

During the deliberation, lawmakers welcomed the proposed legislation, saying that it could strengthen community-level reconciliation with support from local governments. The HoR members also cautioned that mediation should never be imposed on parties against their will.

Some lawmakers emphasized that the purpose of mediation should go beyond merely reducing the number of court cases. They, instead, insisted that it should contribute to building a fairer and more harmonious society.

They suggested further deliberation on whether judges should be assigned roles as mediators, questioning whether such a practice would enhance or undermine the dignity of the judiciary.

The Lower House endorsed the proposal seeking consideration of the Bill by a two-thirds majority.

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