Nepal House of Representatives considers Mediation Amendment Bill

Nepal’s Minister for Law, Justice and Parliamentary Affairs, Sobita Gautam, said the Mediation (Second Amendment) Bill, 2083 seeks to strengthen mediation and reduce the number of cases that reach or remain before the courts. Responding to questions raised by lawmakers during deliberations in the House of Representatives on the proposal to consider the Bill, Gautam said the amendment was intended to enable both parties to reach an outcome in which neither is considered entirely the loser or winner. She said the government was seeking to strengthen mediation as a way to resolve disputes more quickly, fairly and amicably.

Gautam said mediation could help parties avoid the high costs and lengthy procedures associated with litigation and enable justice seekers to obtain justice more simply and quickly. She also said resolving disputes through dialogue could help prevent bitterness and lingering hostility between disputing parties, while clarifying that reconciliation would not apply to matters or cases where existing laws prohibit such settlement. Lawmakers welcomed the proposed legislation and said it could strengthen community-level reconciliation with support from local governments, while cautioning that mediation should not be imposed on parties against their will. Some lawmakers also called for further discussion on whether judges should serve as mediators and whether such a practice would enhance or undermine the dignity of the judiciary.

The House of Representatives approved the proposal to consider the Bill. Radio Nepal’s English report states that the proposal was endorsed by a two-thirds majority, while its Nepali report states that it was approved by a majority; accordingly, the voting threshold is not specified here. The official Federal Parliament record lists the Mediation (Second Amendment) Bill, 2083 under the Ministry of Law, Justice and Parliamentary Affairs and records its status as “Present in the House of Representatives.”

The Bill therefore remains before the House following consideration of the proposal.