august 2012, volume 4

August 2012, Volume 4

Chief Editor : Mr. Kenichi TANAKA, Editor : Ms. Kabita Pandey

The Strengthening Community Mediation Capacity for Peaceful and Harmonious Society (COMCAP) Project is being implemented for 3 years and 9 months from January 2010 to September 2013 in Sindhuli and Mahottari Districts under concerned District Development Committees with the collaboration between Ministry of Federal Affairs and Local Development, the Government of Nepal and Technical Assistance from the Government of Japan through JICA. The community mediation program has been already implemented in 16 VDCs of the two districts to date and it is planned to be extended to additional 4 VDCs of the same districts.

The Strengthening Community Mediation Capacity

for Peaceful and Harmonious Society Project

Karmachari Sanchaya Kosh Building

Harihar Bhawan, Lalitpur, Nepal

Phone : +977-1-5010157

District Development Committee Mahottari

Phone : +977-44-520532

District Development Committee Sindhuli

Phone : +977-47-521043

Project Introduction Foreword • Experience and Success Stories

Project Activities • Accomplished Activities during the third year of the

Project

• Upcoming Project Activities for the next three months

• Number of Disputes Resolved in the Districts

• Types of disputes registered in VDCs

Review Meeting

Contact Address

Overview Project Introduction

The responsibility of the nation

is to create peace and a

prosperous environment by

managing diverse disputes of individuals caused by

inherent selfishness, greed, and difference in

thinking.

I am much more delighted to know about the

extension program of COMCAP which is being

conducted in 8/8 VDCs and will be extended to

additional 4 VDCs under District Development

Committee of Sindhuli and Mahotari Districts with

the technical support of JICA Nepal since January,

2010 to assist the responsibilities of the Nepal

Government.

This attempt of COMCAP is praiseworthy to

maintain good relations from the ruined relations to

the both parties fairly via trained local mediators to

solve local simple disputes at the local level.

Moreover, the establishment of Community

Mediation Center (CMC) within the VDC structure

with the coordination of Office Assistant or

Technical Assistant has helped the volunteer

mediators to work on a voluntary basis so that there

will be continuity with the coordination of VDC even

after the phase-out of the project.

I do believe that this mediation program will provide

peace and prosperity in the society and assist

marginalized, poor and disadvantaged people and

community in project implemented VDCs. I owe my

sincere gratitude to JICA Nepal for the assistance

and wish for success of the program.

Bodh Raj Niraula Joint Secretary

Ministry of Federal Affairs and Local Development

2 Volume 4, August 2012COMCAP NEWSLETTER

Inauguration of District Training Certificate Distribution to Participants

Distribution of ID Card to the Mediator Delivering Community Mediation Basic Training

Participants in Review Meeting Closing Program of Basic Training

Project ActivitiesAccomplished Project Activities during the Third Year of the Project

Activities Brief Description Implementation Date Output/Results

Activities Brief Description Implementation Date Expected output

Upcoming Project Activities for the Next Three Months

Mediators from 3 VDCs of Sindhuli and 3 VDCs of Mahottari trained at the advance level

From 31 March to 16 April 2012

5-day Advance Training to Community Mediators

Advance Community Mediation Training

VDC Orientation & Selection of Mediators

Brie�ng about the community mediation and the selection criteria of Mediators

From March and April 2012

27 Mediators selected from each VDC

Basic Community Mediation Training

8-day Basic Community Mediation Training to the newly selected community mediators

6 May to June 30 2012

Mediators of additional 3 VDCs of Sindhuli and 3 VDCs of Mohottari trained at the basic level

Establishment of Community Meditation Center

Discussion on Community Mediation Welfare Fund

Basic Community Mediation Training

District Coordination Committee Meeting

Observation Visit for VDC Secretaries and Assistants

FM Radio Program for Social Marketing

Monitoring and evaluation

Mobilization of Welfare Fund for the continuation of mediation activities in VDCs.

Mediators of additional 2 VDCs of Sindhuli and 2 VDCs of Mohottari trained at the basic level

Enhanced coordination and awareness of mediation service at the district level

Increased awareness and capacity forthe implementation of community mediation

Increased awareness about community mediation and more disputes resolved by mediation

Outputs and outcomes of COMCAP measured

August 2012

August 21 to September 6 2012

August second week 2012

September 2012

October 2012

Continuous/Regular

Orientation on Community Mediation Welfare Fund to the representatives from mediators and VDCs

8-day Community Mediation Training to selected mediatorsfrom 4 new VDCs

Interaction with district-level line agencies and other stakeholders about community mediation

A visit program for VDC Secretaries and Assistant of new target VDCs

Preparation and broadcasting of community mediation messages through FM Radio

Regular monitoring and evaluation

Establishment of Mediation Center at the VDC after the Basic Training July 2012 Inauguration of mediation service

through Mediation Center

Review Meeting Sharing of progress of community mediation activities July 2012 Progress and issues for

community mediation Identi�ed

3Volume 4, August 2012COMCAP NEWSLETTER

The essence of Community Mediation is reaching agreement which disputants objectively

perceive justifiable for them and so feel win–win situation. Accordingly, this project has selected mediators from every ward of project VDCs in participation of community people with their consent and has developed community mediation skills, knowledge and concept through basic and advance training to the mediators. For instance, instead of understanding disputes through traditional approach, it can be developed the system of understanding the disputes by objectively and justifiably analyzing the contents of disputes facilitation, which will satisfy needs and interests of disputant parties, leading to win-win situation of agreement. The project has been supporting institutionalization of Alternative Dispute Resolution in alternation to resolution through Formal Dispute Resolution institutions, by settling the disputes through facilitation of trained Community Mediators at Community Mediation Center established in VDC office. From this, alternative ways of disputes resolving system, the local citizens of any socio-economic, demographic statuses can have chance of getting justice easily, quickly without paying anything and harmonizing relation with disputants as well. Today's disputes if not resolved in time, may escalate into a big one in future. So settlement of today's minor disputes means to prevent tomorrow's big disputes. There are many development activities being conducted in the villages. If these activities are run smoothly, it helps get expected output and outcome effectively. For this, the project has been helping create conducive environment. The achievement during short time period of project implementation since Jan, 2010 to date, it has shown its effectiveness as expected. Resolving the dispute through Community Mediation processes, the local people are empowered giving the beacon rays of enlightening to rejuvenate harmonious relationship between/among disputant parties and helps contributing to maintain peace and prosperity in the society by disseminating the message of Community Mediation.

Manish Jarga Magar Assistant Project Officer

Sindhuli

The Ministry of Federal Affairs

and Local Development with the

help of JICA Nepal has started

COMCAP project since January 2010 and trained

mediators including candidates from Dalit, Janjati,

women and people from low educational

qualifications.

It is a very difficult task to provide training on the

same level of skills and knowledge to the people

from different backgrounds. The project has taken

this challenge and trainers have been able to bring

them to the similar level by dealing with participants

in the equal manner. Due to this, today the impact of

the project is

expanding in Sindhuli District. The Community

Mediation Center has been providing win-win

solutions for the disputes registered after the

establishment of the center and has created more

attraction in the people of the community. Due to its

impact, the local dispute mechanism has been now

considered as an alternative to dispute resolution.

The political parties, academia and members of the

local community are extending their support to this

program and this has been slowly increasing the

impact of the COMCAP Project in the society.

Bharat Jung ThapaDistrict Trainer

Sindhuli

Synopsis of Community Mediation Project Impact of the Community Mediation Program in Sindhuli District

Participants in Group Discussion


Kameshwor Chaudhari VDC Assistant

Mahadaya Tapanpur, Mahottari

In the past the village chief or

the head of the village would

decide whom to give decisions

about communal disputes. The village head or

chief would also decide who had more money,

which diminished not only the justice but also

reinforced discrimination for a long time.

Now it has been one year since COMCAP under

Ministry of Federal Affairs and Local Development

(MoFALD) has conducted Community Mediation

program in Puranojhangajholi VDC. After

registering the small disputes in Community

Mediation Center (CMC), CMC tries to resolve the

disputes satisfactory for both disputant parties to

present in CMC and mediators playing as a role of

facilitators to make both of them satisfy with a

win-win principle. Up to now, there are 15

disputes registered in CMC and 10 disputes have

been already resolved so that people from the

society have already accepted this mediation

program and given identity. Political

representatives are satisfied with the community

mediation program for resolving the dispute

because this allows them more time to do their

own work without being interrupted by small

disputing issues. Even the local police

administration has also suggested to both parties

who have come to register disputes in the police

office to go to CMC first, so disputant parties have

registered their issues at CMC.

I have been participating in

this program since the

beginning of the

implementation of this program in Mahadaiya

Tapanpur VDC, as this is the joint program of

Government of Nepal and JICA Nepal. I was

selected as a mediator in the process of selecting

VDC Assistant as a program coordinator. The

training of mediators was entirely new to me. I was

not confident that I could mediate the dispute

since my ancestors had done such type of works

very differently. Because in my opinion, the elite

persons and senior reputed people would be able

to mediate disputes in the society. After 8 days of

training, I came to know that the dispute can be

resolved in the local level by local people.

I found Community Mediation Program is quite

different in a poor country like Nepal where the

court

justice system is beyond access to many people.

The beneficial aspects of this program include: we

do not have to spend money to take services, it is

not necessary to produce eyewitness and strong

proof and the work of mediation will be secret,

and the dispute will be resolved based on self

acceptance. This program has also helped to find

resolutions for the people regarding simple

debatable issues like lending-borrowing, land

boundary and measurement, water drainage,

wages, alimony, etc. in the society, which helps to

maintain peace and prosperity and keeps the VDC

far from disputable burdens. This helps the VDC to

pay attention to the VDC works and has been seen

positively from the VDC and local residents. I

therefore assist personally and on behalf of VDC to

make sustainable development of the Community

Mediation Project.

Dandapandi Bhandari VDC Assistant ,

Puranojhangajholi, Sindhuli

My Responsibility to Community Mediation Program Community Mediation Project and its Effectiveness

Inauguration of Community Mediation Center


The Women has got justice from the Mediation Program The Different Approaches and Processes of Dispute Resolution

Before the starting of the mediation program in Belgachhi VDC, members of poor community, Dalit, women,

illiterate and Janjati were compelled to bear the injustice imparted on them. Due to expensive and time consuming formal justice systems, members of these community were reluctant to approach the court and there was no alternative justice system for them. And that is why women used to bear the injustice inflicted by society and family on them to the extend that when they could not bear it anymore, they either used to run away from home or commit suicide. But after the starting of this program, if there is a simple dispute, they come to the mediation center for justice and they are saved from becoming homeless due to the timely resolution of the dispute. In this process parties of the dispute themselves identify the solution agreeable to both of them and make both of them winners. This program not only provides the skill of dispute resolution, it also reminds us of our responsibility toward the nation as well. It has taught us lesson to think what we gave to nation and not that what nation gave to us. The most important aspect of this program is that it maintains the secrecy of the parties in dispute. Thus this program is not only of JICA COMCAP project, this has become the program of all Nepali women, Dalit and the poor. In my opinion this program has given an identity, reputation and honor in the society to all the mediators including me. Thus the plant of mediation needs to be cared and nurtured and it is the duty of mediators, society, academia, VDC and all to care and nurture it.

Pheku Kumari Thapa (Sapana)Mediator

Belgachhi, Mahottari

Traditionally the disputes were

resolved on the basis of witness

and evidence and compelling

the parties to agree on the decision. However, in

the mediation, the mediators facilitate the

mediation process by inviting the parties in the

mediation center and resolve disputes by using

their skill to identify the interest of the parties and

help them to reach in a mutually agreeable

decision. In this way, the skill of the facilitator such

as rephrasing, summarizing, paraphrasing, and

active listening play a significant role.

These skills not only play an important role in

dispute resolution but also win the confidence of

the parties. For example we can take the example

of a complex case which was 12 years old. No one

believed that this case would be resolved from the

mediation center as the issue relating the case was

resolved by local and district administration but

the relationship between the both parties was not

resolved yet. The local people used to challenge

mediators by saying “if the mediators could resolve

this case, only then we will believe in the

mediation process”. The mediators selected by the

disputants used the skill they learned during the

training and resolved the matter. Today the

community mediation program has made its

special space in the local community and VDC.

Ritu KarkiMediator

Jalkanya, Sindhuli

Participants involved in Group Work Role-Play during Mediation Training


Community Mediation Service and my Experience

I have attended four mediation

sessions as a mediator. I

experienced that disputants

expect to get a decision from the mediator in their

favor by putting pressure on the other party as it

was done in previous days and the disputant party

wants his mediator to decide in his favor by

challenging the accusation made by the other

party.

However, while discussing in the mediation

session with disputant parties on their interest and

needs as a mediator and reaching on the

agreement without the help of evidence and being

able to naturally facilitate the mediation session in

a pleasant mood of both the parties, I felt

successful and happiness for my work.

If all the mediators don't interfere with the subject

matter, don't give priority to witness and evidence,

don't be influenced by any party of the dispute,

don't give pressure and order and don't penalize

any party, we mediators will be well recognized in

the society. As this process is simple, without

expenses, accessible to all and provide a win-win

situation to both the parties, the local community

as well we mediators feel proud of this program.

Krishna Kishor ShresthaMediator

Jhangajholi, Ratamata, Sindhuli

Inauguration of Community Mediation Center Role-Play during Mediation Training


I am a resident of Gauribas VDC. “S” is a contractor

of the same VDC who takes workers from the

village by contract. My husband had gone along

with him to work for 60 days. He handed my

husband eight thousand rupees as the wage for 20

days of work. After returning home, he did not get

sixteen thousand rupees for the remaining 40

days of work even for two years. As a stakeholder,

I went to the society and the police station to get

justice but no decision was given to me because

my husband had gone outside at that time.

Finally, I went to the community mediation center,

the mediator facilitated to explain the situation

turn by turn and listened attentively. We shared all

the things turn by turn. S recognized all those

things and decided to pay my husband’s wages to

me, which was only possible thanks to the

mediator’s mediation skill and facilitation without

any biasness. I was delighted for getting justice

from community mediation and very grateful for

the community mediation program. Now, I inform

everybody that we should go to the community

mediation center to get easy, effective, fast,

continuous and sustainable justice.

Success Story : Mediation Enables to Get Salary Wages

Number of Disputes Resolved in Sindhuli and Mahottari District

Types of disputes registered in VDCs

District Sindhuli Mahottari

VDC Purano Ratanchura Kusheshowr Jhangajholi Jalakanya Gauribas Mahottari Mahisthan Belganchi Mahadaya Jhangajholi Dumja Ratmate Tapanpur

Property 1 - - - - 3 - - 3 0

Family - - - - 3 2 - 3 2

Lending Money 2 3 - - 2 4 2 1 4 5

Physical Assault 3 - - 1 1 6 2 1 1 6

Verbal Abuse 3 5 - 1 3 3 1 1 2 2

Crop Damage 1 - 1 1 - 3 - - 3 3

Water Tap distribution - 2 - 2 2 - - - - -

Theft - - - - - 2 1 - 1 -

Damage and destroy - - - - - - - - - -

Domestic Violence - - - - - 1 - - - -

Boundaries - - 2 - - 2 2 3 2 9

Others - - - - - 1 - 1 1 1

Total 10 10 3 5 8 28 12 7 20 28


Puranojhangajholi 15 10 5

Ratanchura 14 10 4

Kusheshowar Dumja 9 3 6

Jhangajholi Ratmata 9 5 4

Jalakanya 12 8 4

Sindhuli Total 59 36 23

Gauribas 32 28 4

Mahottari 13 12 1

Mahisthan 8 7 1

Belgachhi 23 18 5

Mahadaiya Tapanpur 33 27 6

Mahottari Total 109 92 17

District VDCs Number of disputes

registered

Number of disputes resolved

Number of disputes

under process

Sin

dh

ulI

Mah

ott

ari

Grand Total 168 128 40

Participants in Review Meeting

Number of Disputes Resolved up to July 30, 2012

august 2012, volume 4

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