September 2013, Volume 6

The Strengthening Community Mediation Capacityfor Peaceful and Harmonious Society ProjectKarmachari Sanchaya Kosh BuildingHarihar Bhawan, Lalitpur, NepalPhone : +977-1-5010157District Development Committee MahottariPhone : +977-44-520532District Development Committee SindhuliPhone: +977-47-521043

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

Project message Experience of ministry ( MoFALD) Article: Experiences on programme and success

stories Project activities Accomplished activities during the third year of

the project Upcoming project activities Nature and number of disputes resolved till date

Overview

Contact Address

Project Period should Be Extended for Its Sustainability

Maisthan VDC secretary Madhav Prasad Lamichhane says because of COMCAP project’s positive impact, 10 disputes have been resolved at Maisthan VDC. Mediators, using their skills and capacity through community mediation brought consensus, burden of dispute at the VDC have become very low. Due to lack of manpower and time, there was situation to refer disputes to police office or district court but nowadays including VDC assistant there are 28 skilled mediators working in dispute resolution at Khayarmara VDC. So I have got opportunity to work for development and administration. If COMCAP project’s period will finish, project’s impact directly decrease in VDC and mediators so for the sustainability of the project achievements, it is necessary to think by related party for extension of this project.

Kenichi Tanaka Team Leader, COMCAP Project

The mediation program under the

COMCAP is being implemented in

20 selected VDCs of Sindhuli and

Mahotari districts in coordination

with and technical support of MOFALD and JICA

respectively. The program is run under the supervision

of District Development Committee. The trained

human resources selected as community mediators

are working to establish peace in the community by

mediating the trivial cases of the society under

community mediation program. The respectful

mediation session, which not only gives priority to

secrecy and impartiality but also empowers parties to

share their thoughts openly through community

mediation process, has till now successfully resolved

local disputes at local level in a win- win manner.

Under this program, the trained mediators have

mediated 311 disputes at VDC specially related to

petty civil mater likes boundary, financial transaction

and sharing of water for irrigation which can be

considered as a significant contribution. Thus program

like this which is aimed to help to establish peace

needs to run all over the country.

Tek Raj Niraula Under SecretaryMinistry of Federal Affairs and Local Development

COMCAP have prepared 557 community mediators and resolved 330 cases during the project period of 3 years and 9

months. At the beginning of the project, I was not confident if COMCAP could have this much of result and achievement. This result was due to various people involved in and supported COMCAP Such as MoFALD, DDC of Sindhuli and Mahottari, our VDCs people and the village people. MoFALD has a plan to include the community mediation in the LGCDP - 2 which is 5 year development policy of the MoFALD. The DDCs of shinduli and Mahottari worked together with COMCAP to implement community mediation at VDCs. The VDC secretary and assistants played a great role to work together with Community mediators. Also COMCAP had support from International organization and NGOs. COMCAP took TAF model although it was slightly changed to adjust the Government structure, and had IGD as a contractor for TOT and implement community mediation training and set up of community mediation centers for 4 VDCs. Pro-public, CeLRRd supported COMCAP trainings and filed observation to learn how community mediation was carried out. SUSS and RUWDUC supported COMCAP to carry out the advance trainings by providing resource persons. Without these support, COMCAP could not get this much progress.

I highly thank Community mediators for being basically volunteers to work for their community people. They are not paid; even they are supporting disputants to reach in agreement. The Community mediators even pay telephone fees or even tea by themselves. Without the commitment by the community mediators, COMCAP would not have come this far just like the community mediation in other districts of Nepal. I truly appreciate our community mediators. Madhav Prasad Lamichhane

VDC Secretary Maisthan VDC, Mahottari

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Janak Raj Dahal Technical Assistant,Majhuwa VDC, Sindhuli

Community Mediation Programme is found to play special role for Dalit, Janajati, disadvantaged groups, women and children in the society. Because, people from these groups

cannot reach to the concerned authorities when they experience injustice on them, legal process is costly, cannot manage evidence and they have to bear the injustice. After implementation of this programme, community has felt great relief. Effectiveness of this this programme is remarkable as the disputants themselves find out the options for consensus and dispute is permanently resolved by eliminating the feeling of anger during dispute resolution. The trained community mediators in VDC, if work impartially by utilizing acquired knowledge, skills and art, it may not be difficult to gain the status of real judge, which in turn, can be established as a respected personality in the society. Spiritually, this can also be believed as the meritorious action.The dispute is a tiny particle of fire at the beginning, which if not managed in time, gain giant status and may cause even loss of life and property in huge scale. Similarly, if the small disputes are not managed in small stage, they may grow into bigger state and we should bear physical, financial and social loss. So, if the disputes seen in the society could be managed in local level, there may be no doubt to be welfare of all. If the support from political parties, noble personalities, social workers and all sects of the society is available, mediation service would be more effective.

Relevance of Community Mediation Programme

Arun Kumar ThakurVDC Office Assistant,Ratauli VDC, Mahottari

Maya Devi Mandal and Santosh Kumar Mandal (Changed name) reside at Ratauli VDC of Mahottari district. They had got arranged marriage five years ago. They belong to middle class family, food just sufficed in a year. Sad thing-

after wedding within in a day their relation has been broken. So they became pessimist. Gradually Santosh started to beat by drinking alcohol by blaming she did not brought dowry. She could not tolerate husband’s beating and mother-in-law’s abusive behaviours and run away in maternal house within two months. Maternal house also remained not good for her. Hardly, she spent five years in maternal house. By spending such sorrowful life, she tired and she tried to commit suicide. But her death did not come as forefather said without reaching day, death never comes. She knew through street drama that dispute has been conciliated at community mediation center. She went to community mediation center and registered application to resolve dispute. VDC called her husband for discussion but he did not get ready to come but after counseling, he became ready to come in mediation session. During discussion, husband said “I cannot give up alcohol at any cost, I don’t like my wife to use mobile and stood in position. In other side, wife said he must give up drinking and stood in position. Long discussion went on in this matter . After long gap, all three mediators made them to realize about their long life and future then after they managed separate room to seat together. After some time they left their position and decided to stay together. Now they have stayed happily together and give thank to mediation center.

Renuka RayCommunity mediatorKhayarmara VDC, Mahottari

If see our social structure, people call

to resolve their small or big dispute

to male class by giving priority but

COMCAP made inclusive basis for

mediator selection criteria. so, I got

opportunity to participate in community mediation from

Khayarmara VDC. This mediation process was very new for

me so I tried to learn carefully every content whatever

taught thinking that I should have to do that act after

training. When disputant selected me and participated in

real mediation session, I was feeling stranger but using tools

and skills without hesitation what was learnt in the training,

dispute was resolved in win-win situation and I became very

happy. Then after disputant parties themselves started to

increase my social status. My confident level increased when

disputant parties selected me again and again. That is why, I

have resolved altogether four disputes in win-win situation.

Dudhraj Pulami MagarCommunity MediatorKusheswar Dumja VDC, Sindhuli

Our society is composed of different castes, communities, religions, culture, and other various groups and levels based on economic and social aspects. The attitude of suppressing weak people by the elites is seen in traditional society

with such diversities. This eventually gives birth to dispute. In this context, the mediators have special role. The dispute seen in the society seems simple but it seems complex when analyzed deeply. To be able to identify position, interest and needs; to end disputes by facilitating based on these aspects are the matters of special capacities in mediators. The trainings we received on community mediation obviously have made us capable to identify these matters. People may feel that dispute resolution is not a big matter as it is mediated in the beginning stage but it is obvious that generally all the conflicts start from a small dispute, then gradually escalate getting bigger state and causes destruction of life and property that is due to not resolving in minor their stage.In the context of resolution of more than 100 disputes by trained mediators in Sindhuli district, the matter to understand is resolution of these disputes have protected loss of lives and property by turning these disputes into violent stage. Moreover, village people from all caste, class and society have received mediation service free of cost in short time and in their own village. If the dispute resolution through community mediation center could be developed as culture, restoration of peace in the village could be maintained, development works would be preceded without any hurdle and this initiation of COMCAP would be milestone for development of the village.

Wife Could Stay Peacefully and Husband Gave up Drinking

When Dispute Reached on Consensus MY Confidence Increased

Role of Community Mediation in Restoring Peace

Accomplished activities during thethird year of the project ( 2012- 2013)

Upcoming Activities :

Joint Coordination Committee Meeting

District Coordination Committee meetings

Monthly meeting in Mediation Centres

To inform project activities

Monthly meeting in Mediation Centres

ACTIVITIES SUBJECT

To play coordination role in district level and to share the project activities

Survey VDC level orientation program

Mediation Training

� Baseline Survey � End line survey

� TOT� Basic Mediation Training� Mediation Advance Training � Refresher Mediation Training

Established of Community Mediation Center

Social marketing of Mediation program

Observation visit for VDC secretaries,Assistants and Social Mobilizers

• Street Drama • FM Radio program

Monitoring and Evaluation

Review Meeting

District coordinationcommittee ( DCC)

meeting

#*% #!! $*Till 31st May, 2013

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38 27 9

22 15 6

13 8 3

17 9 2

20 16 3

11 7 2

8 6 1

3 1 1

14 9 2

14 10 2

160 108 31

48 45 3

14 14 2

10 10 0

40 32 6

40 35 2

24 24 0

17 16 1

8 6 0

11 8 6

13 13 0

225 203 17

385 311 48Grand Total Number of disputes resolved

up to this period

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8 916

7 6 9 10

108

45

1410

32 3524

166 8

13

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Number of Disputes Resolved in Sindhuli and Mahottari District

Orientation Programme in20 selected VDCs in Sindhuli

and Mahottari districts

18 disputes have been resolved within mutual understandingof two parties. 5 disputes in Mahottari is still to be resolved

besides one of the party is unavailable in communication.

Types of disputes resolved in VDCs

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Situation of Community Mediation Centre in Ranibas

I have Become Happiest for Resolving Dispute in Win-win SituationI feel Mind Blowing for Getting Respect as A Mediator

Sulochana BaralCommunity MediatorRanibas VDC, Sindhuli

I also got chance to participate in dispute resolution training after selecting as a community mediator when JICA COMCAP

project started mediation programme in our VDC. Generally, the minor disputes in the society not only affect economic and other development of the society but also affect social harmony of the local residents. In this situation, the dispute resolution process through Community Mediation Center has made us easy by the training of Community Mediators for facilitating disputes timely and easily to end realizing win-win situation by the disputing parties. We have realized that this process is effective to create prosperous society and to promote mutual relationships between the disputing parties. Nowadays, the disputes created in Ranibas VDC area first reach to the Community Mediation Centre and resolve in facilitation of Community Mediators. Due to this reason this center has become successful to be the center of destination and faith for access to justice for community residents.

Sabitri Devi PashwanCommunity MediatorLaxminiya VDC, Mahottari

My name is Sabitri Devi Pashwan. I

had never got an opportunity to

resolve dispute due to being an

woman of Dalit community.

COMCAP selected mediators inclusively so I got an

opportunity to become a community mediator from

Dalit community and participated in mediation

training of different level, I got an opportunity to learn

knowledge and skills regarding mediation. I got an

opportunity twice to resolve dispute as a mediator and

which I resolved successfully. When I participated in

first session, I was quite for a while and listening my

colleagues' discussion. While disputants were staying

in their position then I felt to speak and spoke and I

used tools and techniques they became normal and at

last they reached in agreement. When I resolved this

case I was feeling so happy and when they said "sister

you did well" then I felt self to berespected. Nowadays,

I feel glorious by feeling peoples respect for me.

Gopal Bahadur KarkiCommunity mediator Kisannagar VDC, Mahottari

Total 13 disputes have been resolved at Kisannagar VDC till date. Small disputes of the VDC resolved by the facilitation of

community mediators so good relation remains long lasting, after resolving disputes, disputing parties have no any dissatisfaction, saving money and time so this program is becaming popular in our society. Among 13 resolved disputes I had got opportunity to mediate 10 disputes. When I got opportunity for participating in mediation session and successfully resolved dispute in win-win situation, I felt not only happy but also felt such programme should be launched in every part of Nepal. Small disputes happening in society and for resolving small dispute they face many problems. Mediation center reduce such inconveniences and establish peace in the society. Community mediation is contemporary and important program for the community so it is needed for our society and for its sustainability we heartily request to JICA Nepal and want to give warm thanks to VDC assistant Mr. Parshu Ram Thapa, who supported this programme to make success.

Community Mediation Center successfullyresolve the case registered in District Court

A land dispute which was aroused five months ago between Mahesh Ray and Kameshwar Mahato (Changed name) of Belgachhi VDC, Mahottari could not be resolved despite of attempt made by community elites. When dispute was not resolved in the village it was registered in the district court of Mahotari. Both the parties paid Rs. 25,000.00 (Twenty five thousand) to court fee and lawyer then only they realized, it is better to discuss it with their political leaders. At the same time some political representative and civil society persons suggested them to register it in mediation center.Kameshwar Mahato (First party) took initiation and registered the case at the Belgachhi mediation center. The VDC coordinator of Mediation Center immediately started the mediation process and within the four days of the case registration they called mediation session. In the mediation center Mediators Indrakant Mahato, Shyam Sah and Ganesh Jarga Magar used their facilitation skill and successfully resolved the dispute. Since then both disputant parties have been maintaining good relation between them.

SUCCESS STORY

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as most of the disputes are registered from the same communities. It is started to feel that the people without access to justice may be benefited by the mediation center but the mediator who has to work whole the day for their livelihood, if has to stay in mediation session day by day, there may be injustice for his/her own family. To minimize this type of problem to some extent and to give sustainability to mediation programme, the political parties, intellectuals, social workers and even disputing parties have suggested for necessary support from Government of Nepal, Ministry of Federal Affairs and Local Development. In mediation process, the relational issues together with content issues are addressed with high priority during dispute resolution, so relation of disputants has become more cordial than before. Due to this improved relation of the disputing parties, all classes of community people recommend the parties after getting dispute to go to the community mediation center by avoiding concept for going to other institutions. Moreover, the neighboring VDCs, observing the change in communities of Ranibas VDC after implementation of community mediation service are showing eager to implement this type of service in their VDCs. The persons, who mediated disputes in traditional manner, ask question what magic stick the mediators have so both the disputants become happy after mediation session and the disputes, which they couldn't mediate are also mediated successfully. While asking such question, me and our community mediators become more than happy and want to offer many thanks to COMCAP Project implemented in support from Government of Japan.

Ananta Raj Pokharel Technical AssistantRanibas VDC, Sindhuli

Disputing parties seem to be happy and 28 community mediators of this VDC have felt respected in their lives, started to recognize as social workers

after start of COMCAP Project in this VDC by Ministry of Federal Affairs and Local Development in technical cooperation of JICA Nepal targeting for the women, Dalit, Janajati and poor class in the community, who have no access to higher authorities. Dispute registration in Community Mediation Center started in the village level has drastically increased as it is easy for registering dispute, saves time; the process maintains confidentiality, free of cost service and equal access to justice. All the concerned persons have felt amazed by resolution of all disputes registered in this center in win-win situation of both the parties in facilitation from capable mediators developed from basic and advance community mediation trainings. After resolution of some disputes referred from police office and improvement of relation of the disputing parties after mediating from mediation center, the trust toward center has increased in the recent days. As a result, the positive information as the political party leaders even have started to get mediation service and disputing parties are satisfied with the skills and capabilities of mediators, admiring mediators by disputants after getting out from mediation center etc. has started to disseminate in the community. Most of the disputes registered in this center are found especially from Dalit, Janajati and with poor class people. As poor class people have difficulties for access to justice, they are attracted to mediation centre. We have started to feel difficulty for mediators when s/he is repeatedly selected by the community people as a mediator for dispute resolution

issue between the parties, both the parties could identify the mistakes they committed and hug each other with lamentation. The parties of the dispute should not pay the fine, should not bear the cost for legal procedure and should not bear the cost of transportation for attending the due dates as registered in the court. In this alternative, community mediation service has started to deliver by establishing community mediation center in short time, without cost, in manner agreeable to both the parties and accessible way to all the community people including Dalit, Janajati, deprived groups etc. By witnessing successful resolution of some of these disputes, the political parties and novel personalities in initiation of VDC Secretary Mr. Thal Kumar Gautam have provided a room for mediation purpose and approved Rs. 25000 for mediation center. Moreover, we mediators also have initiated a welfare fund. Now, all the civil disputes except criminal cases have started to resolve from mediation centre rather than other institutions. All these activities have encouraged us. We all the community mediators in Bhadrakali VDC want to offer many thanks to COMCAP project for setting the foundation of mediation in this VDC.

Badri Bahadur ShresthaCommunity MediatorBhadrakali VDC, Sindhuli

We 28 community mediators, immediately after establishment of mediation center in Bhadrakali VDC get involved formally in dispute resolution. We also performed door to

door programme to inform about community mediation service, shared information on objectives and concepts about this service in the formal programmes as VDC meeting, VCD council meeting etc. as a social marketing on community mediation. The local so called elites teased us saying the 'small judge' when started mediating the disputes confidently using the knowledge, skills and following the characteristics of mediators.The first dispute was minor fight and verbal abuse between two brothers. In this first experience, we could successfully derive the issue, positions, interests and options when facilitated creating the parties confident by empowering them and, using mediation process and skills as paraphrasing, active listening, summarizing, reframing, using open and closed questions etc. and showing the characteristics of mediators as impartiality, confidentiality, supportive behavior. When discussing about the relational

Effectiveness of Community Mediation Programme in Ranibas VDC

Community Mediation Service in Bhadrakali

7Volume 6, September 2013COMCAP NEWSLETTER

“Go to Gorkha if don’t get justice” everyone may have heard this dictum. Dictum has been limited in history. In current situation local people usually say go to

mediation center to get justice, not Gorkha. Maya Mandal (changed name) from Ratauli VDC, Amin Mahato (changed name) from Belgachhi VDC and Ramchandra Mahato, Santosh Mahato and Jogindar Mahato (changed name) of same Belgachhi VDC, all registered applications to resolve dispute at mediation centers. All disputing parties have bad relation among them though mediators could resolve disputes by cleaning their anger. There were dispute between Muslims and Hindus to celebrate Jhanda and Daha festivals at Mahadaiyatapanur VDC, mediators resolved not only this cultural dispute but also got success to establish relation among them. Nowadays they share mutual collaboration.Aforementioned given persons and communities are only representatives. Such many disputes happen in the community but where community mediation center has established, community have known about community mediation center, community mediators have played pertinent role to resolve disputes there. Trained mediators make conciliation by using their mediation skills.Rural, helpless and economically poor people who cannot go to court to resolve their dispute, community mediation has proved boon for them. In peoples thinking, physical development is only development but they have forgotten peace is foundation of development. On the other hand, court process is very long, one party wins and next party losses so disputant parties always remain angry. Community mediation center’s popularity is spreading day by day. Community mediation programme has been launched by Government of Nepal in technical support of JICA Nepal at Gauribas, Mahottari, Mahadaiyatapanpur, Belgachhi, Maisthan, Gaushala, Laxminiya, Kisannagar, Ratauli and Khayarmara. If dispute happened in these VDCs, first of all people go to mediation center. Who has used this service once and who have known about community mediation center, if dispute happens they never suggest going court but they always suggest going community mediation center. Among 76 VDCs of Mahottari district, community mediation center has established only in 10 VDCs. If community mediation center may have established in all VDCs, in fact people may have got justice in free and quick and VDC may have established as a temple.

Radhe Shyam TharuDistrict Project Officer, Mahottari

Sindhuli: Implementation Status of Community Mediation Programme “Go to Mediation Center if Do Not Get Justice”

COMCAP project, started from 2010 January will be implemented up to September 2013 in 20 VDCs of Sindhuli and Mahottari districts. The mediation service implemented in

support from the project is implementing peace restoration work through community selected trained mediators by resolving minor disputes seen in household, settlement and communities . The implemented activities and the impact of these activities in Sindhuli district seen in this period are described below.COMCAP project in Sindhuli district is in implemented in 10 VDCs selected on recommendation from District Development Committee from among the appropriate VDCs shown in baseline survey. First of all, consent from local people was taken for project implementation by organizing orientation programme and asking question, whether they want to implement this type of programme in their VDC or not. After presenting the basis for selection of community mediators, mediators with required qualification were selected. Numbers of selected mediators were 28, 27 comprising 3 per wards including one female and one VDC Assistant. The composition of Community Mediators is purely inclusive as they were selected on the basis of residence of castes in that particular ward.The mediators selected in this way were provided with basic mediation training thereby starting mediation service. After establishment of community mediation centers, minor disputes seen in the villages gradually started to come and resolve in the centre. Acceptance of mediation service started to increase due to satisfaction of disputing parties of resolved cases and more complex types of disputes started to come to mediation centers. Five-day advance trainings for mediators were conducted including mediation process for complex disputes and some other new topics. During training, an experience sharing was also organized for sustainable exercise of mediation service by organizing an exposure visit of already experienced VDCs in mediation programme implementation. Recently, one-day Community Mediation Refresher Trainings for every project VDCs are already carried out by the project.After establishment of Community Mediation Centre, COMCAP project organized social marketing activities for publicizing community mediation including VDC level stakeholder workshop, broadcasting of radio programme on community mediation, street drama on community mediation, distribution of festival greetings card for every households. Due to these attempts, total of 160 disputes related to lending-borrowing, verbal abuse, minor fighting, land boundary, water distribution, property partition and other minor disputes are registered in 10 community mediation centers and 108 disputes are successfully resolved. Resolving the dispute in this way, the social harmony seems to enhance as both the disputing parties feel justice as well as their damaged relation also gets improved.

Dilli PaudelDistrict Project Officer, Sindhuli

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