DISBUTE SETTLEMENT AT LOCAL BODY OF FEDERAL NEPAL

Authors: Hari Bhakta Shahi Ph.D & Basu Sinagh Saud

ABSTRACT

Following the Local Government Operation Act of 2017, Nepal formally adopted the practice of using judicial committees to handle disputes at the local level. However, the judicial committee practice began in 2018.In Nepal, the use of JC at the local level is quite new. By concentrating on the judicial committee, the degree of satisfaction among the populace may be used to gauge how well the judicial committee’s services are delivered and implemented, as well as to examine the context of Godawari Municipality in the Lalitpur district. In addition to addressing service delivery, this study highlights the problems and difficulties faced by local government in delivering justice and making judicial decisions. This study is mainly based on descriptive research design. Stakeholder’s level of satisfaction was analyzed based on three independent variables namely (a) timely provide service, (b) efficiently and effective service delivery, and (c) cost less or economic background. It was found that the judicial committee, mediators and clints accepted mediation as the most effective approach to dispute settlement than other approaches as per their experiences, as well as it could be implemented very short time.

Keywords: Judicial Committee, Negotiation, Mediation, Disputes, Justice.

REFERENCES

  • Cooke, L. (1983). Mediation. A Boon or a Bust Mediaion in the Justice System. American Bar Association.
  • Khadka, N. (2004). Conflict Resolution through Mediation. Mediation Sahabhagita, Local Development Training Academy, vol.6-7 Nov.2004, p.42.
  • Law society in Nepal. (2002). A National Surey of Public Opinion. Kathmandu: Th Judiciary in Nepal.
  • Nepal Ain Khanda17, Ministry of law and justice and parliamentary Affairs. (2015). Kathmandu .
  • Nepal Gazette. (2003). The Distract Court Rules. Kathmandu.
  • Nolan-Haley, J. (1992). Alternative Dispute Resolution. St. Paul MN: West Publishing Co;.
  • Ohchr. (1995). Basic Principle of the Independence of Judiciary, Art.3.
  • Pokharel, B. (2020). Judicial Committes Working as Local Courts. Kathmandu: Government of Nepal.
  • Rijal, M. (2013). Locla Government in Nepal. A study of Local Dispute Resolution. Kathmandu.
  • Shahi H.B., 2020, STATITSICS FOR PUBLIC MANAGEMENT, Kathmandu, Radhika Shahi.
  • Shahi H.B., 2021, Policy Implementation Capacity of Nepal, Kathmandu, Radhika Shahi.
  • Shahi H.B., (2023) Research Methods in Public Management, Kathmandu, Newton Shahi Thakuri.
  • Singhvi , A. (1995). Harnessing the Capabilities of Judiciary to Meet Challenges for Expeditions Delivery of Justice. The Supreme Court of Nepal and SAARC Law Nepal.
  • Y.R., S. (2020). Concept of Mediation and its Implementation in Local Justice System in Nepal.