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Non-Formal Mechanisms
n Community mediation. In Nepal, there is a community mediation program
which is an alternative dispute resolution mechanism for people who have
weak access to the formal justice system, and have inadequate means of
resolving local disputes. Under this system, disputants select a panel of
mediators available in the village community who provide a neutral and
confidential venue for dialogue between the parties, and assist them to
find solutions to their disputes. In some cases, for instance, poor people
and small farmers may be unable to initiate dialogue with landowners, for
fear of being evicted from the lands they have been cultivating.
The mediation approach has proven to reduce the frequency of disputes,
and has helped improve understanding, coordination and cooperation
among community members. Women and members of marginalized
communities are able to participate both as beneficiaries and as providers
of mediation services.
The community mediation program was introduced in 2002, which the
Nepali government later recognized through the 2010 Mediation Act, which
recognizes the validity and importance of community mediation within the
Nepali context. However, the community mediation approach requires
building people’s capacities to solve problems, to analyze situations and
other perspectives, and to make effective decisions independently.
n Customary justice systems. These have proven to be accessible and
effective in settling internal land disputes within and among indigenous
communities and tribes. However, these mechanisms are gradually coming
out of practice. Customary justice systems have limited scope and are
Regional Summary: A Perspective Overview of Land Conflicts in Six Asian Countries
dispute resolution of conflicts between members of the same community.
In Cambodia, Commune Councils have the role of “reconciling differences”
among community members, but do not have the power to make decisions
(arbitration). Although not a requirement, in practice most local disputes
are heard by Commune Councils before they are brought to higher levels.
In Nepal, resolving land disputes through local authorities has not proven
effective, because the elected local officials tend to fuel conflict, perpetuate
feudalism, and fail to work for the poor (as cited in CSRC, 2018). Also, when
adjudication processes are managed through local political leaders, this
can exacerbate existing social discrimination vs. certain sectors (women,
IPs) and minority groups.
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