Lalitpur, March 29:

American experts have commented that ‘commercial mediation’ might turn out to be more effective, compared to court procedures in resolving disputes.

Addressing a function today, US ambassador to Nepal, James F Moriarty said that commercial mediation does the work of resolving disputes in the business sector. Commercial mediation, understandably, can also resolve disputes more timely as courts take a long time, said Moriarty. He said that if business organisations could resolve disputes themselves, it is beneficial for them.

Top Bahadur Singh, executive director, National Judicial Academy (NJA) said that Nepal traditionally does resolve commercial disputes through courts. If commercial disputes are resolved through chambers, it is more productive, useful and easy for business people, said Singh while talking about mediation training held by the Federation of Nepalese Chambers of Commerce and Industry (FNCCI), National Judicial Academy and USAID’s ARD Inc Rule of Law project. Singh said that countries like New Zealand, Australia and Singapore posses a number of good practices in commercial mediation. However, in Nepal, we are at the initial stage, said Singh.

Ashok Todi, chairman at the Industrial Rehabilitation and Business Law Committee at FNCCI said that the Federation is coming out with a commercial mediation centre in due course of time. Todi hoped that the training would be instrumental in developing capacity of the private sector mediators for improving the working environment and to help settle disputes out of the court.

Shambu Thapa, president of Nepal Bar Association (NBA) said commercial mediation will decrease the time and the lengthy process being faced by people during courts proceedings. The business community will benefit from commercial mediation as it will be faster and effective in resolving disputes, said Thapa.

Robert C Randolph, one of the US experts here for the three day long training programme who is with CARR SWANSONs and RANDOLPH, LLC USA that looks after global dispute resolution, partnering, systemic change, economic development solutions, said that commercial mediators facilitate parties to resolve dispute.

Randolph is here on behalf of USAID. Those who want to do commercial mediation have to first understand the mediation process, concept, underlying principles and other relative courts’ issues, said Randolph.

Similarly, another expert Frank Carr from CARR SWANSON AND RANDOLPH, LLC, said that majority of problems can be resolved through commercial mediation as is the case in Europe, US and Netherlands.