HISTORY

Ancient Kingdoms

Mediation

Mediation along with arbitration as a method of conflict resolution dates back to the ancient kingdoms where the King or appointed village heads mediated disputes and maintained peace. Mediation was embodied in the practice of village councils, or Gam Sabhas as they are called. Gam Sabhas were the favored dispute resolution mechanism of the time. Informal in nature, and embedded in a traditional setting, Gam Sabhas survived the rule and reform ushered in by the Portuguese as well as the Dutch.

1505 - 1658

Gam Sabhas – Portuguese rule

Under the Portuguese rule (1505 - 1658), the Gam Sabha council system was allowed to exist as it did during the Ancient Kingdom

1658 - 1796

Gam Sabhas – Dutch rule

The Dutch rule (1658 - 1796) ushered in a more comprehensive legal system in the coastal areas of the island, without tampering with the existing Gam Sabha framework.

1833

Charter of Justice 1833

Things changed with the British rule (1796 - 1948) which set up a judicial administration system that was further strengthened by the Charter of Justice 1833. Interestingly, the Charter acknowledged the Gam Sabha councils, but the judicial administration system was projected as the prominent legal system and began to quickly gain acceptance within the country. Acceptance was primarily denoted to the socio-economic and political changes that were being wrought to village governance by the British. Come 19th century, Gam Sabhas were struck off from all contemporary records.

1871

Village Communities Ordinance

In 1871, the British empire passed a law called “Village Communities Ordinance”, which transformed the informal Gam Sabhas into judicial power wielding “village communities”. These village communities served as the lowest court in the British judicial system albeit with limited legislative and administrative power.

1945

Rural Courts Ordinance

In 1945, these village communities were replaced by Rural Courts by virtue of the Rural Courts Ordinance. Thus, the informal mediation-oriented dispute resolution system that was in place was transformed into a more formal adjudicatory system. These rural courts, also referred to as the Gamsabha Usavi – worked to establish a system of amicable dispute resolution in the rural parts of Sri Lanka. This initiative failed, and eventually the rural courts were replaced by Conciliation Boards

1958

Repeal of Conciliation Boards Act

But in 1977, the Conciliation Boards Act was repealed on account of it failing to fulfill its purpose of decongesting the formal courts.

1988

Mediation Boards Act No. 72 of 1988

In 1988, the Sri Lankan Parliament passed the Mediation Boards Act No. 72 of 1988. Mediation hereby was incorporated as a legal form of alternate dispute resolution. The focus of the legislation revolved around community mediation and saw the successful establishment of community mediation boards across Sri Lanka

1990

Establishment of Community Mediation Boards in Sri Lanka

The first Community Mediation Boards were set up in 1990, by virtue of the Mediation Boards Act of 1988

2000

Commercial Mediation Center Act No. 44 of 2000

Soon after the success of community mediation in Sri Lanka, the initiative to introduce mediation into the commercial space as a potential alternative dispute resolution mechanism was envisioned and executed in the form of the Commercial Mediation Center Act No. 44 of 2000. The Commercial Mediation Centre of Sri Lanka (CMCSL) was established thereunder and is the law provides for mediation and conciliation as possible methods of resolution and settlement of commercial disputes. The Center has its own rules with respect to the process, payment and procedure of mediation sessions, and also encompasses a Code of Conduct for the Mediators. A cabinet decision will be taken to repeal this Act to make way for a new Mediation (Civil and Commercial Disputes) Act.

2003

The Mediation (Special Categories of Disputes) Act No. 21 of 2003

In 2003, The Mediation (Special Categories of Disputes) Act No. 21 of 2003 was passed to establish of mediation boards to mediate and settle disputes coming under the ambit of certain special categories. The special categories would be periodically ascertained by the Minister of Justice by way of an Order published in a Gazette; and would come into fruition upon careful consideration and reflection by the Minister with respect to prevailing social and economic concerns.

2005

Establishment of Tsunami Mediation Boards

In 2005, Tsunami Mediation Boards were established to address and mediate disputes in relation to land such as boundary issues, debt, damage or demand as a result of the Tsunami.

2015

Approval to set-up Land Mediation Boards in the North & East

In 2015, legislation was passed to allow the setting up of Land Mediation Boards in the North and East, in order to settle disputes in relation to ownership and/or possession of land

2017

Special Mediation Boards for Migrant Workers

In 2017, Special Mediation Boards to address grievances particular to migrant workers were established. A pilot initiative in this regard was conducted in the Kurunegala district, with boards being set up there.

2021

Approval to set-up Financial Mediation Boards in six districts

In 2021, an extraordinary Gazette was issued enabling the establishment of Special Mediation Boards in six (6) key districts to address financial disputes. Financial disputes that fall below the threshold of Rs. 1,000,000 are subjected to mandatory referral to financial mediation boards.