Mediation in Sri Lanka

Authors

  • Dhara Wijayatilake CCC-ICLP International ADR Centre of Sri Lanka

DOI:

https://doi.org/10.52028/rbadr.v5i9.ART09

Abstract

This article discusses the use of the non-adversarial dispute resolution practice in Sri Lanka in its early periods and the subsequent introduction of mediation in its current more sophisticated form in more recent years, as a response to the need to provide a more accessible, cost effective, speedy and non-adversarial alternative to litigation, and the attempt to introduce mediation in more recent times to the commercial dispute resolution regime. Also discussed is Sri Lanka’s commitment to the principles of the Singapore Convention and the prospects for the growth of mediation in the country.

Author Biography

Dhara Wijayatilake, CCC-ICLP International ADR Centre of Sri Lanka

Attorney at Law, is a Director and current Secretary General of the CCC-ICLP International ADR Centre of Sri Lanka (IADRCSL). She previously served in the Public Service of Sri Lanka in several senior appointments including as Secretary to the Ministry of Justice. The first woman to be appointed as a Secretary to a Cabinet Ministry in Sri Lanka, she led the efforts of the Ministry of Justice in drafting the legislation and establishing the first Community Mediation Boards. She also authored the Mediation (Special Categories of Disputes) Act and served as the Chairperson of the Commercial Mediation Centre of Sri Lanka. Dhara continues her work in nurturing the ADR ecosystem in Sri Lanka most notably in her role at the IADRCSL.

References

AWAD, Dora R. Mediação de conflitos no Brasil: atividade ou profissão. Revista Brasileira de Alternative Dispute Resolution – RBADR, , Belo Horizonte, v. 2, n. 4, p. 57-66, 2020.

BRAGANÇA, Fernanda; NETTO, Fernando G. M. O protocolo familiar e a mediação: instrumentos de prevenção de conflitos nas empresas familiares. Revista Brasileira de Alternative Dispute Resolution – RBADR, Belo Horizonte, v. 2, n. 3, p. 217-230, 2020.

COMETTI, Anna K. F.; MOSCHEN, Valesca R. B. The Singapore Convention in the framework of the Investor-State Dispute Settlement System. Revista Brasileira de Alternative Dispute Resolution – RBADR, v. 4, n. 7, p. 37-57, 2022.

FARIAS, Bianca O. Mediação de conflitos em ambientes educacionais: um horizonte com novas perspectivas. Revista Brasileira de Alternative Dispute Resolution – RBADR, v. 2, n. 3, p. 157-194, 2020.

FERREIRA, Daniel B; SEVERO, Luciana. Multiparty Mediation as Solution for Urban Conflicts: A case analysis from Brazil. BRICS Law Journal, v. VIII, n. 3, p. 5-29, 2021. DOI: https://doi.org/10.21684/2412-2343-2021-8-3-5-29.

MASON, Paul E. A Convenção de Cingapura e seus benefícios para o Brasil. Revista Brasileira de Alternative Dispute Resolution – RBADR, v. 2, n. 4, p. 181-193, 2021.

Websites

CHAMBER of Commerce Ordinance, No. 10 of 1895.

COMMERCIAL MEDIATION CENTRE OF SRI LANKA. Act No. 44 of 2000 as amended by Act No. 37 of 2005.

MEDIATION (Special Categories of Disputes Act) No. 21 of 2003.

ORDERS of the Minister of Justice made under the Act No. 21 of 2003 and published in the Gazettes, Jan. 2022; Dec. 21 2022; Apr. 21, 2023.

STATISTICS OF THE MEDIATION BOARDS COMMISSION. STERNLIGHT, Jean R. Lawyers representation of clients in Mediation. Ohio State Journal on Dispute Resolution, v. 14, n. 2, 1999. Available at: https://core.ac.uk/download/pdf/159553847.pdf.

THE MEDIATION Boards Act, No. 72 of 1988 as amended by Acts Nos. 15 of 1997, 4 of 2011 and 9 of 2016.

THE POUND Conference of the USA.

THE MEDIATION BOARDS COMMISSION, [2023]. Available at: www.mediation.gov.lk.

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Published

2023-12-28

Issue

Vol. 5 No. 9 (2023): Jan./Jun.

Section

Artigos

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