Alternative Dispute Resolution: Historical, Customary Practices & Legal Aspects of Nepal

Abstract

This paper focuses on the use of ADR in Nepal based on analyzing the historical background, cultural practices, and existing laws. The research's main objective was to identify how the ADR is practiced in the communities and in the judicial system of Nepal. The basic approach of research was doctrinal and in this approach primary sources regarded the constitution of Nepal and Acts likewise secondary source was taken as published articles and reports. It starts with background information on what peaceful conflict resolution is and how disputes are settled by mediators such as the elders and village assemblies conducted in communities. These are cultural methods of solving conflicts and they have been in use before the legal structures were formulated in Nepal. The paper also discusses the different forms of traditional ADR that have been incorporated into the contemporary Legal System of Nepal. It also surveys prominent statutes such as the Arbitration Act and the Mediation Act and how these laws assimilate and police traditional practices into and within the legal process. More specifically, the study compares the various conventional techniques, viewpoints, and designs used to address the issues of compliance with customary practices and measures the extent of the effectiveness. The paper nonetheless seeks to contrast between the traditional approaches and the legal frameworks to illustrate the need to embrace cultural practices alongside access to justice. The research found that the use of ADR is in different sectors of the communities and organizations, including international trade disputes and the law of Nepal has opened to settle disputes outside of the court system