The “Mediation Boards Commission” is an independent body established under the Mediation Boards Act of 1988. The Commission comprises of 5 members, of whom 2 are statutorily required to be retired judges of the superior courts.

The MBC leads the mediation programme and is supported on the administrative and policy front by the Ministry of Justice. At present, 329 community mediation boards and 16 land mediation boards come within the purview of the MBC.

The fundamental powers and functions of the Commission are as follows:

• Appointment, transfer, dismissal and disciplinary control over the Mediators
• Supervise and control the performance and discharge of the function and duties of Mediators
• Issue necessary directions to Mediators on the functions and duties of such Mediators

Mediator Training Officers (“MTOs”) fall under the purview of the Ministry of Justice and are a part of the Government Administrative Service. Their sole responsibility is to train mediators, and to monitor mediation boards. On occasion, MTOs also conduct awareness programs to inform the public about community mediation.

Mediator trainers themselves undergo training to enhance their mediation skills and expertise. International and local mediation experts administer specialized training to MTOs on broad thematic topics such as gender, sensitivity to diversity, management of mediation boards, data collection etc. They also provide insight into the laws and procedures at play and the importance of having expertise on the subject matter (which is mandatory in the case of special mediation).

Mediation Development Officers offer support to the work carried out by the Mediation Boards Commission (MBC), and to this effect are placed in all the Divisional Secretariats across Sri Lanka. In addition to their primary function mentioned here, Mediation Development Officers also assist with data collection, raising awareness on mediation etc. Mediation Development Officers work together with Mediation Training Officers and Mediation Program Officers to track progress in mediation.

A mediator serves as a neutral third party who facilitates the negotiation process between the disputants. The primary role of a mediator is to empower parties to understand their needs and concerns, and to guide them towards an amicable settlement.

The mediation programme in Sri Lanka employs a large cadre of volunteer mediators, crossing the numerical threshold of 8600. Mediators undergo a five-day mediation training on mediation skills and techniques carried out by Mediator Trainers attached to the Ministry of Justice, prior to the final rounds of selection. Such trainings are periodical and are administered at the establishment of mediation boards every 3 years, and the qualifying candidates at the end of the training move on to become mediators.

The appointment of mediators to mediation boards is a lengthy affair, and is set out below: