MEDIATION PROCESS

The Mediation Boards Act 1988 and its subsequent amendments, outline the process for resolving disputes through mediation in Sri Lanka.

A disputing party may make an application and submit his/her grievance directly to the mediation board via referral made in one of four ways:-

  1. Parties can voluntarily refer their dispute to a mediation panel.
  2. There is a mandatory referral to mediation for civil disputes related to property, debt, damage, or demand not exceeding 1,000,000 rupees with exceptions.
  3. Certain criminal offenses, such as property offenses, assault, trespass, and defamation, are mandated to be referred to mediation.
  4. A court may refer a dispute to a mediation panel if both parties agree to it (Court-referred mediation).

The Board then refers the dispute to a mediation panel consisting of 3 mediators. The Board's role is to facilitate the mediation process and help disputants find mutually acceptable solutions to their disagreements, promoting peace and harmony within the community.

Disputes can be successfully mediated between 1 and 4 sittings. Mediation boards usually sit on weekends in common public places such as temples, schools or community halls. Mediation is generally conducted in an open area, but private sessions are also entertained especially when the dispute in question requires privacy. Legal representation of disputants is strictly unallowed. Attorneys-at-law are barred from representing any party with the exception of two instances:

  1. By one spouse for the other spouse and
  2. By parent, guardian or curator of a child or a person with any disability.

A certificate of settlement is issued upon a successful mediation of a dispute, and a certificate of non-settlement is issued when the mediation is not successful. The latter provides a valid legal base for parties to proceed with litigation. The 1988 Act mandates that where one party fails to comply with the settlement or violates the terms of settlement at any time, then the other party is required to report this to the mediation board immediately.