Mediation Boards, vital in solving problems

Ishara MUDUGAMUWA

The service of Mediation Boards are very helpful to the country to ensure justice. It is necessary to make the people aware about Mediation Boards as most of them have poor knowledge about mediation. Mediation Boards in Sri Lanka have rendered a silent service for the past 20 years. Daily News talked to Justice Minister Athauda Seneviratne about the services rendered by Mediation Boards.

Q: Can you explain the history of Mediation Boards in Sri Lanka?

A: Minor problems and conflicts amongst people are common in our society from the past. In the past people used to solve their problems by fighting and the stronger won the battle. Before introducing law, community and religious leaders solved problems. In monarchies the whole country was ruled by the king and he solved problems. When the Dutch ruled the country they introduced the Roman-Dutch law which is the foundation of Sri Lanka’s general and common law. After that the British established a modern system of judicial and civil administration. They respected the Roman-Dutch laws and the customary laws that applied to the different ethnic groups.

Minister Athauda Seneviratne

As the number of complaints to the Police began to increase Mediation Boards were introduced to the people with the objective of reducing the burden on the Police. Mediation Boards have been established in every Divisional Secretariat of Sri Lanka through the Mediation Boards Act No. 72 of 1988 which was amended by Act No 15 of 1997 and Act No 21 of 2003. Mediation Boards solve minor problems among people in a friendly manner. According to the Act there is a Mediation Boards Commission, which consists of five members appointed by the Justice Minister.

Q: How does the Ministry select members for the Board?

A: The Justice Minister specifies the Mediation Board area through a gazette notification. When a panel is to be appointed the Commission publishes a notice calling for nominations. According to the Act, organizations of a non-political character can nominate persons for appointment to Mediation panels. Mediators are appointed based on aptitude and an ability to be fair and impartial, tend to be civil servants, teachers, school principals, post masters, religious leaders, professionals and other respected citizens in their communities. The nominated persons then train in mediation skills and techniques under the Justice Ministry. There are 12 members in each panel appointed for a Mediation Board area, five of them are public officers nominated by the District Secretary for the area for the term of three years. One of the members of the Mediation Board is appointed by the commission as the Chairman of the panel. There are presently 258 Mediation Boards and 7,000 Mediation Board members in the country.

Q: What kind of complaints do Mediation Boards have the power to solve?

A: Mediation Boards have the power of solving cases related to movable or immovable property or a debt, damage or demand which does not exceed Rs 25,000. We have got a Cabinet approval to increase this Rs 25,000 up to Rs 250,000 as it is not suitable for present situations. The prices of vehicles and properties have increased. In 2009 there were 120,000 complaints reported to Mediation Boards and 65 percent of them have been successfully solved. This number will be increased in the future. So we hope to increase members.

Q: Are you satisfied with the service of Mediation Board’s in Northern and Eastern Provinces?

A: The Northern and Eastern Provinces were badly affected by the war. The Courts were completely destroyed by the LTTE and people had to live under LTTE laws. We have established Mediation Boards in North and East. All courts were reconstructed. The whole country is presently governed under common law.