U.S. Ambassador James F. Moriarty’s remarks at the opening of Mediation Centers at Supreme Court and Patan Appellate Court

7 December 2006

It is with special pleasure that I am here today participating in the opening of the Mediation Centers at the Supreme Court and at the Patan Appellate Court. USAID/Nepal and ARD have been actively working with the Supreme Court, the Patan Appellate Court, the Nepal Bar Association and FNCCI to offer a program of dispute mediation to the citizens of Nepal.  Opening the mediation centers here at the Supreme Court and Patan Appellate Court is a major step in making court-related mediation a reality in Nepal.  They will make a major contribution in our joint efforts to reduce case backlog.  And so it is with pleasure that I want to acknowledge the partnership between USAID/Nepal – part of the U.S Mission to Nepal, ARD and the courts, Nepali lawyers and Nepali businessmen in advancing mediation here in Nepal.   

We are all in agreement that mediation offers disputing parties a means of settling disputes faster and cheaper. But it’s not enough to have 80 trained mediators and a lot of information and public awareness about mediation. There needs to be a visible presence in the court to manage the process and procedures for initiating and concluding the mediation.  And that is the purpose of these mediation centers.

I have spoken at several of the mediation training programs which have been offered during the last year by USAID and ARD.  There are now 80 mediators trained in the programs sponsored by USAID and ARD.  We need to give these 80 mediators the opportunity to practice the skills they have learned during the 56 hours of training they have completed.   The mediation centers here at the Supreme Court and the Patan Appellate Court will give them the opportunity to put their training to good use. 

In the United States we have found that the more efficient, organized and professional mediation centers are, the more disputes they receive and resolve.   The mediation center staffs are an important part of this effort.  Their dedication and enthusiasm is necessary if mediation centers are to effectively encourage and support mediation.   Consequently, I urge the mediation center staffs to pay particular attention to client service at the centers.

Let me share just a few statistics on mediation centers from the Annual Report of the Mediation Network of North Carolina. The Mediation Network is an association of mediation centers in North Carolina. In the Network’s Fiscal Year 2001/02

• 20,728 disputes were referred to the 25 twenty-five North Carolina dispute settlement centers
• 15,454 or 74% of these 20,728 disputes were referred by court officials.  Obviously the North Carolina courts strongly support mediation.
• Not all the cases referred were mediated but 15,417 of the 20,728 cases actually went to mediation.
• 14,075 or 91% of the 15,417 cases mediated were resolved. 

The mediation centers here at the Supreme Court and Patan Appellate Court will be successful only if the judges and court staff support them.  You just heard me say that 74% of the disputes at the Mediation Network came from North Carolina courts.  That seems to me clear evidence that Nepali courts can reduce case backlogs and provide a real service to litigants if they use the mediation centers we are opening today.

Although the 74% of referred cases came from the courts, lawyers were important participants in the decision to refer.  Mediation is successful only if lawyers support it.  To date, there has been good support by the Nepal Bar Association.    We hope that that support will continue and that the Nepal Bar Association will work with the judges to make sure the mediation centers become a vital and important part of the legal system here in Nepal.

I see a bright future for mediation here in Nepal and I see the mediation centers providing a valuable public service.  The opening of the Supreme Court and Patan Appellate court mediation centers are a giant step forward in that direction.

As the American Ambassador, I am pleased that the United States has played an important role in this effort.  USAID/Nepal, which has been active in Nepal for 55 years, provides development and humanitarian assistance to Nepal on behalf of the U.S. Government and the American people.  Supporting dispute mediation is yet another useful way my country is helping Nepal to help itself.    

Thank you.