Bridging Research, Policy, and Practice: Advancing Community Mediation Dialogues for Dispute Resolution

(3^rd December 2024)

A Conference on Community Mediation

Organized by the Centre for Poverty Analysis in Partnership with The Asia Foundation

Mediation, a cornerstone of Alternative dispute resolution worldwide, has a deep-rooted history in Sri Lanka. Evolving from its community-based origins, it has expanded into the realm of commercial mediation, with various mediation practices and research areas having emerged within the field, locally and globally. Community mediation has been identified as a means of access to justice, improving social relations and reducing conflicts primarily in Asian countries such as Sri Lanka, Nepal and the Philippines (Valters, 2016)[1]. These countries, having experienced or continue to grapple with violent conflicts, have been striving to achieve positive peace by addressing structural violence which escalates into violence. Drawing on these global experiences, this conference will serve as a pivotal platform for local and international stakeholders to exchange knowledge, foster collaboration, and address the dynamic challenges and opportunities in community mediation. By facilitating networking, advocating for benefits of mediation, raising awareness, and enhancing capacity building, the conference would empower mediation practices and contribute to more effective dispute resolution.

Mediation, a cornerstone of Alternative dispute resolution worldwide, has a deep-rooted history in Sri Lanka. While evolving into other sub-fields such as commercial mediation, community mediation continues to be a means of access to justice, improving social relations and reducing conflicts primarily in Asian countries such as Sri Lanka, Nepal and the Philippines. These countries, having experienced or continuing to grapple with violent conflicts, have been striving to achieve positive peace by addressing structural violence which escalates into violence. Drawing on these global experiences, this conference will serve as a pivotal platform for local and international stakeholders to exchange knowledge, foster collaboration, and address the dynamic challenges and opportunities in community mediation.

The primary goal of the conference is to strengthen mediation Sri Lanka by informing and rendering policies and practices on community mediation more evidence-based and enable learning and dialogue between various actors involved in community mediation through a discussion of trends, differences, special cases and good practices. By facilitating networking, advocating for benefits of mediation, raising awareness, and enhancing capacity building, the conference would empower mediation practices and contribute to more effective dispute resolution.

The key stakeholders include Mediation Training Officers (MTOs), Mediators, government representatives such as the Sri Lanka Ministry of Justice, researchers, academics, students, and civil society organizations working on mediation. The conference forms part of a comprehensive Mediation Community of Practice (MCoP) and Research Forum in Sri Lanka, aiming to advance mediation research and practice.

The conference has three sessions;

State of the Art in Mediation Research
Mediation in Action
Policy, Future Focus and Legislative Gaps

Session 1: State of the Art in Mediation Research

This session will delve into the current state of mediation research locally and globally, exploring emerging trends and identifying areas for further investigation. Current mediation research in Sri Lanka focuses on enhancing the effectiveness of Community Mediation, to resolve disputes across various sectors, including family, land, and community conflicts and to address the challenges posed by socio-economic factors, post-civil war dynamics, and natural disasters. A key focus will be on uncovering and documenting gaps in mediation research. Globally, research explores
restorative justice, the growth of Online Dispute Resolution, and using mediation to resolve environmental disputes, particularly in the context of climate change. The session also intends to discuss global best practices in mediation research, drawing parallels and contrasts with the Sri
Lankan context. This session will take a comparative approach aimed at helping to identify innovative methodologies and technologies that could upgrade mediation research in Sri Lanka.

Session sub-theme: Interdisciplinary Approaches to Community Mediation Research
Drawing from disciplines such as law, psychology, peace studies, politics, and technology, this session will also focus on how community mediation research can be advanced through an interdisciplinary lens. The primary goal of this session will be to explore how contemporary developments in different fields can be incorporated into community mediation research to broaden its scope of application in different kinds of conflicts, to identify new strategies for conflict transformation, and to increase access to justice.

Session objectives:

To provide participants with a deep understanding of current global trends and future way forward in mediation research.
To identify and analyse key gaps in mediation research with a particular focus on informal dispute resolutions mechanisms.
To propose overall strategies and suggestions to reduce the existing drawbacks in mediation research.

Target Audience:
MTOs, Mediators, academics, researchers and students engaging in mediation and Alternative
Dispute Resolution at large.

Conference Agenda

This session will offer in-depth practical insights from Mediation Training Officers (MTOs) and chairpersons of Mediation Boards, focusing on mediation practices across Sri Lanka. Through case studies, it will showcase the effectiveness of community mediation in resolving disputes, while providing a comprehensive view of the experiences and challenges Mediation Boards have encountered, especially in contexts that has faced multiple crises over the years. The session aims to highlight the practical applications of mediation, supported by real-world examples, with the ultimate goal of using this knowledge to navigate conflicts constructively and sustainably through community mediation to foster social cohesion. The session will feature two sub-panels:

Contemporary Challenges in Community Mediation and Addressing Them Through Knowledge and Experience Sharing This session will explore the role of knowledge sharing networks such as ‘a community of practice’ in strengthening dispute resolution. It will discuss the challenges faced in implementing community mediation practices such as cultural sensitivities, power dynamics, or limited resources and how these can be resolved. By highlighting the role of knowledge sharing, understanding and working collectively on contemporary changes and challenges in community mediation, this session will focus on evaluating the effectiveness of various community mediation strategies and sharing good practices among peers and experts.
Role of Community Mediation in Facilitating Social Cohesion This session will examine the role of community mediation in strengthening social cohesion. It will explore the role of community mediation in fostering trust, inclusivity, and resilience within communities by addressing disputes. It will highlight how community mediation contributes towards community-building and social harmony and ensuring that marginalized voices are included in mediation processes. Further, this session will raise critical questions regarding the practice of community mediation, explore key drawbacks, discuss good practices and strategies to successfully address them.

Objectives:

Understanding contemporary challenges in community mediation
Discuss mechanisms and processes used to address these challenges
Discuss role of sharing of knowledge and experiences in addressing challenges
Understand the role of community mediation in achieving social cohesion.
Target audience:

Target audience:
Mediation Training Officers (MTOs) and other researchers and practitioners from Asian and global community mediation mechanisms.

This session will explore the crucial role of the State in supporting and facilitating the mediation sector, with a focus on community mediation boards and special mediation boards. It will examine the policies necessary to overcome the logistical barriers hindering the practice of community and land mediation in Sri Lanka. Additionally, it will identify gaps in current legislation related to mediation and discuss the future legislative needs required to strengthen and expand the effectiveness of mediation practices in the country.

Objectives:

To provide a roadmap for enhancing state support and addressing legal deficiencies in the mediation sector.
To investigate potential legislative changes, through the identified gaps.To develop recommendations for policy makers on how to better support and regulate mediation services.

Target audience:
Mediation Boards Commission, public officials, government officers including Ministry of Justice and policy makers.

Note on Logistics
All the sessions will be held in a hybrid format, location and duration are indicated in the session plan.

Understanding Women Mediators An in-depth study of women in Community Mediation Boards in Sri Lanka (2016), Ramani Jayasundere,Rimash Rahman; Published by The Asia Foundation http://mbc2.arescomp.com/media/2016_Understanding_Women_Mediators.pdf
“This study encompasses the findings of a nation-wide survey done in 2013 on the cadre of female mediators serving in mediation boards around the country. It aims to understand the profile of women mediators, identify the key issues they face, investigate the reasons for their low participation rate and advocate for increased women mediator participation. Some of the main findings of this research is regarding the demographics of women mediators, as well as their opinions of their roles as mediators. Their opinions regarding the acceptance and standings of women mediators and suggestions in increasing participation of women in mediation were also noted. The study has some key recommendations in advocating for more women mediator participation, which include raising public awareness and improving public understanding on mediation, and the need for proactive affirmative action such as promoting the unique role of women mediators, the introduction of pre-training preparations, gender sensitization and a temporary quota system.”
A Just Alternative, Providing Access through two decades of Community Mediation Boards in Sri Lanka (2011), Michelle Gunawardana, Published by The Asia Foundation
http://mbc2.arescomp.com/media/2011_Community_Mediation_Boards_-_A_Just_Alternative.pdf
“Published in 2011, this report overlooks the establishment and advances of Community Mediation in Sri Lanka over the past 20 years, going over key points such as effectiveness of mediation, acceptance rates of the Community Mediation Boards, Government support in establishing and maintaining mediation programs and the challenges and limitation faced during mediation. It discusses the role and effectiveness of community mediation as an alternative dispute resolution method and highlights various techniques and practices adopted in community mediation, emphasizing its adaptability to a wide range of disputes, including commercial and interpersonal conflicts.Overall, the report advocates for the integration of community mediation into broader justice systems as a viable alternative to traditional legal processes, promoting access to justice and community involvement in dispute resolution.”
The Mediation Process; Trainer’s Manual – Community Mediation Program, Ministry of Justice
http://mediation.gov.lk/static/media/manuals/en/the_mediation_process_-_2011.pdf
A Sociological Enquiry about Peopl’s Perceptions and Experiences of Mediation Boards: Northern, Eastern and Uva Provinces, Sri Lanka
https://www.cepa.lk/publications/community-mediation-resolution-of-the-people-by-the-people-and-for-the-people/
Community Mediation: A Just Alternative?.

https://www.cepa.lk/wp-content/uploads/2020/08/Community-Mediation-21.pdf

Bridging Research, Policy, and Practice: Advancing Community Mediation Dialogues for Dispute Resolution