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Extend special mediation law to cover tsunami disputes - Commission

The Legal Aid Commission (LAC) has requested Justice and Judicial Reform Minister John Seneviratne, to consider extending Mediation (special categories disputes) No. 21 of 2003 to cover to all tsunami disputes including property disputes.

Since January 15 LAC lawyers have conducted legal documentary services in a number of tsunami affected districts and apart from assisting the victims to restore lost documentation, have assessed that a large number of legal disputes relating to property, monitory claims, inheritance and custodial matters etc. are bound to arise in the resettlement and recovery process during the coming months.

As victims are indigent and not in a position to engage in expensive and protracted litigation, LAC Chairman, S. S. Wijeratne, by letter, has urged the Justice Minister, who is vested with authority under the Special Mediation law, to extend the application of the law to cover affected persons and disputes.

These special Mediation Boards could comprise experts in different disciplines and would mediate exclusively on tsunami related disputes within specific periods of time. The establishment of Special Mediation Boards would prevent victims from being dragged to courts and even the already pending litigations could be referred to this special Mediation Panels appointed and trained by the independent Mediation Boards Commission.

The Minister, by gazette notification, while setting the special qualifications of the Mediators can also increase the monitory value of the dispute at a reasonable level. LAC noted that even the Donor Needs Assessment team, which produced a comprehensive report, has failed to address the need to establish speedy dispute resolution mechanism during the period of recovery. LAC with the support of the Ministry of Justice and Judicial Reforms and Asia Foundation will organise a workshop with mediation experts to make detailed proposals, states a media release.

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