Mediation practical, efficient...
Considering the tedious procedures posed through litigation, Sri Lanka’s common go-to dispute settlement resort, with parties pooling money for legal/ lawyers’ fees and taking years, in some cases decades, to gain closure/ compensation over disputes that are evidently solvable by simply imparting a better understanding of both parties, alternative dispute resolution (ADR) methods are the ideal tract.
Keeping in mind that the ADR methods are widely used as a confidential and alternative method of tackling legal disputes, which avoids going to court, some of the most common methods include arbitration and mediation, while negotiation is usually the first attempt at settling issues outside courts.
In an attempt to engulf this mindset among the Sri Lankan public, the Ceylon Chamber of Commerce (CCC) and Institute for the Development of Commercial Law and Practice’s (ICLP) Alternative Dispute Resolution Centre (CCC-ICLP ADR Centre) together with the United States Agency for International Development’s (USAID) Coherent, Open, Responsive and Effective Justice Programme (CORE Justice), recently hosted a symposium titled ‘Mediation as a method of practical settlement of disputes’.
The panel discussion of the symposium, held at Galle Face Hotel, Colombo, chaired by CCC Chief Executive Officer Dhara Wijayatilake, Dr. Kanag-isvaran PC, Franklyn Amerasinghe as the mediator, Oregon Supreme Court Justice David V. Brewer and Sunil Wijesinha, sought to spread awareness on the advantages and practicality of utilising mediation as a method of practical settlement for disputes.
As the experts elaborated, a Mediator is not a judge or an arbitrator, the Mediator must remain neutral and impartial and the Mediator’s role is not to decide the dispute that has arisen out between the parties but facilitate communication between the parties and help the parties reach a mutually satisfactory solution.
According to Franklyn Amerasinghe, in respect of the inculcation of mediation in Sri Lanka, he stressed on the need to encourage lawyers to advise clients to seek mediation, which is not an easy task, as lawyers fear of losing their clientele.
“Our law in relation to mediation does not confer finality on a settlement reached. We need a new law or Mediation Act, which permits enough enforcement of settlements by a court eventually if there is a default,” Amerasinghe said, adding that other challenges include the creation of a body of skilled mediators, setting up of appropriate rules for mediation and the essential necessities and scope for Sri Lanka to be a centre for international mediation.
Meanwhile, following the talks on mediation, a book titled ‘Manual for Mediators’, authored by Franklyn Amerasinghe, was launched. First copies were handed out to the members of the panel, as well as to high-profile dignitaries who graced the event.
The CCC-ICLP ADR Centre was launched in July last year to promote efficient commercial dispute resolution and by extension, attract investment.