Category Archives: EDUCATION FOR PEACE

Mali: ancient manuscripts in favor of reconciliation and peace

… EDUCATION FOR PEACE …

An article by Mamadou Sangaré in Les Echos de Mali (translation by CPNN)

In order to promote and enhance ancient manuscripts, the NGO Savama DCI met with its partners on Monday, February 21, to talk about strengthening the process of reconciliation and peace.


The project named “Inspiration from Ancient Manuscripts for Reconciliation and Peace” is an initiative of SAVAMA-DCI in partnership with the Ministry of Crafts, Culture, Hotel Industry and Tourism, and supported by the Embassy of Great Britain and Northern Ireland in Mali.

Indeed, it is addressed, in the first place, to academics and actors of national education to encourage knowledge and exploration of endogenous sources in order to draw from them possible solutions to today’s challenges.

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(Click here for the original article in French)

Questions for this article:

Can a culture of peace be achieved in Africa through local indigenous training and participation?

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In addition, it is addressed to decision-makers at the levels of the various institutions of the republic, in order to draw their attention to the contribution that the study and exploration of ancient manuscripts can bring in terms of political, economic, social and cultural ideas that support the development of the country.

Without forgetting the customary and religious authorities as well as the political class and civil society. This project allows them to learn from the lessons of ancient manuscripts in their daily actions for the development of the country.

The Ambassador of Great Britain, Barry Owen, invited the diplomatic and partners of Mali to support the efforts of Mali in its quest for endogenous solutions to face these development challenges. According to the English diplomat, it is a question of  sensitizing the general public in general on the importance of ancient manuscripts and the lessons they convey for the development of populations in political, economic, social and cultural life.

The representative of the Minister of Handicrafts, Culture, Hotel Industry and Tourism, Hamane Demba Cissé, indicated that the initiative will make it possible to know about ancient manuscripts, to divulge their teachings in favor of reconciliation and peace. In addition, “these lessons, he said, will serve as references and a guide to lasting peace in a prosperous Mali, based on democratic values ​​and good governance. »

The project revolves around six manuscript works that have been critically edited and translated by SAVAMA-DCI. These include, among others, the culture of peace and the spirit of tolerance in Islam, the council enlightening the villainy of conflict between believers, the principles of justice for rulers and high personalities, the approach to religion on the duties of kings and rulers, human interests related to religion and the body, and development of the morals of nobles.

Africa, EDUCATION FOR PEACE

Puerto Rico : Educate for a Culture of Peace

. EDUCATION FOR PEACE .

An opinion piece by Dra. Matilde García Arroyo and Hilda E. Quintana in
El Vocero de Puerto Rico

In the past week we have seen many messages on social networks about the value and importance of peace. There are two messages that have impacted us and motivated us to write again about the urgent need to educate for peace. We want to share these two messages, since they invite us to reflect not only on the war in Ukraine, but on the many other wars that are taking place in the world, some not necessarily with war tanks, missiles and bullets.

One of the messages is a quote from Maria Montessori: “Everyone talks about peace, but nobody educates for peace, people educate for competition and this is the beginning of any war. When we educate to cooperate and be in solidarity with each other, that day we will be educating for peace”.

When we read the words of Montessori, we think about whether it will be possible for educational systems to begin to be modified so that we leave behind so much competition and the desire to be better than “the other”. This is not only happening among children and youth, as we see it among teachers and administrators as well. There is always that need to destroy the “other” or overshadow it so that we see ourselves better and more powerful. Do you agree with us? We leave that question for you to reflect on the quote from this great educator.

In addition, a few days later we came across a quote from Malala Yousafzai, who was shot at close range by the Taliban on her way home from school in Pakistan on October 9, 2012. This attack was in retaliation for her courageous activism for of the education of all children, and especially for that of the girls of the world who do not enjoy the same rights to education as boys. Today she is still very active fighting for peace and education.

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(Click here for the original article in Spanish.)

Question related to this article:
 
What is the best way to teach peace to children?

What is the relation between peace and education?

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These are her words that circulate through the networks these days: “If you want to end the war with another war, peace will never be achieved. The money spent on tanks, weapons and soldiers should be spent on books, pencils, schools and teachers.

Don’t you think that Malala speaks a great truth? However, today it seems that many people, not just politicians, prefer war. We see it in messages everywhere, where it is stated that “this new war” can be ended in a very simple way: by attacking the invading country. Could it be that those who are in favor of ending the war with another war do not think about the consequences of that action?

The claims for peace of many citizens in the world make us reflect on what we have failed. We fear that much begins in our homes, where competition is promoted and “you take off so I can put on” and that same message continues at school, as Montessori says. Therefore, it is imperative that we begin to reflect on our attitudes and visions about education at home and at school. We, as educators, are concerned about the role that teachers play in developing a culture of peace.

Let us remember that in 1997 the General Assembly of the United Nations Organization (UN) proclaimed the year 2000 as the Year of the Culture of Peace (MANIFESTO 2000 FOR A CULTURE OF PEACE AND NON-VIOLENCE, Encuentros-multidisciplinares.org) . To celebrate such an important occasion, a group of Nobel Prize winners drafted a manifesto that contains a series of key principles with which it is necessary for every citizen to commit himself in daily life, in the family, at work, the community, the country and the region to achieve a culture of peace. We highlight the following:

1. Practice active non-violence, rejecting violence in all its forms: physical, sexual, psychological, economic and social, in particular towards the most deprived and vulnerable such as children and adolescents.

2. Defend freedom of expression and cultural diversity, giving preference always to dialogue and listening without engaging in fanaticism, defamation and the rejection of others.

EDUCATION FOR PEACE, global

Mexico : Renowned researchers share their experience of the UNESCO Chairs of the Latin American and Caribbean Region

… EDUCATION FOR PEACE …

An article from ZHN Zacatecas Hoy

In order to investigate the alternatives and strategies to implement a culture of peace program in educational systems, professors from the United Nations Educational, Scientific and Cultural Organization (UNESCO ), participated in a discussion entitled “Experiences of the UNESCO Chairs of the Latin American and Caribbean Region”.


Adolfo Rodríguez Guerrero

To initiate these activities, the program coordinator of the education sector of UNESCO in Mexico, Adolfo Rodríguez Guerrero, indicated that the function of these Chairs is to support the solutions of the problems of sustainable development that are being presented during the last 20 or 30 years.

He explained that the UNESCO Chains is a program that contributes actions and reflections. they contribute to the collective intelligence, knowledge and innovation that is generated by universities in search of global citizenship.

Rodríguez Guerrero stressed that this specialized unit of the United Nations in our country is working for sustainable development through two elements: a global culture of peace and sustainability through an educational innovation, that is, a change in higher education that promotes knowledge and learning digital through new information technologies.

The coordinator of the UNESCO Chair of the National Autonomous University of Mexico (UNAM), Gloria Ramírez Hernández, focused on explaining the importance of human rights in the work that has been carried out in these Chairs since 1992, promoting values, attitudes and behaviors that reflect respect for life and eradicate violence in all its forms.

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(Click here for the original article in Spanish)

Questions for this article:

How can we promote a human rights, peace based education?

Is there progress towards a culture of peace in Mexico?

Will UNESCO once again play a role in the culture of peace?

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She pointed out that these actions seek to reinforce the human rights and freedoms of each person, visualizing the culture of peace as a preventive action through the construction of democracy and the management of conflicts, resolving them with peaceful means.

Explaining her experience as a coordinator of this chair in the UNAM, the speaker highlighted her work of developing consciousness about the application of human rights. This is done by research, teaching and dissemination through fields of knowledge, lines of research and projects that seek to prevent violent attitudes.

One of these projects is the National Program of Education in Human Rights, which has the objective of promoting a culture of defense, promotion and response in human rights in all types, levels and modalities in a comprehensive approach that favors governance, democracy and peace.

Finally, the professor stated that “peace cannot advance without women”, and she mentioned that “conflict and humanitarian crises impede the access of women and girls to progress, including the right to food, education, security and health, as we are immersed in a social and economic collapse, especially in a post-pandemic context”.

For his part, the coordinator of the UNESCO “University and Regional Integration” Chair, Axel Didriksson Takayanagui, spoke about the transformation that must take place in the public university of the Latin American and Caribbean Region for a curriculum in a culture of peace and critical and analytical thinking.

The professor stated that the development of the Chairs UNESCO, will provide bases so that May of this year the UNESCO World Conference on Higher Education presents the importance of implementing a culture of peace, considering that as a priority human right for inclusion, equity and educational transformation.

With regard to this international conference, the renowned researcher commented that this is the third edition of this type of academic activity. It will take place at the University of Barcelona in Spain. “This will be a space in which models will be analyzed by innovators and visionaries in higher education from around the world.

The coordinators of these talks at the Autonomous University of Zacatecas were the university professors Juana Elizabeth Salas and Oscar Padilla.

EDUCATION FOR PEACE, HUMAN RIGHTS, Latin America

El Salvador : MUPI promotes workshops on Culture of Peace

. EDUCATION FOR PEACE .

An article from Diario Co Latino (translation by CPNN)

The Museum of the Word and the Image (MUPI) continues the Culture of Peace workshops «Be authentic, non-violent» with a participatory methodology for the prevention of violence and education for peace, aimed at basic-high school teachers, community promoters and social and cultural managers.

Question for this article:

Where is peace education taking place?

This free face-to-face course, which began on November 15 of last year, is carried out through a public invitation. 20 people are participating, 3 men and 17 women. Each participant has obtained a comicbook, a theoretical manual and a practical manual. They are working on the validation of new topics that will be incorporated into these materials. In March, the presentation of practical work and the delivery of diplomas will take place.

The Culture of Peace Course “Be authentic, non-violent” is facilitated by Claudia Anay García and the anthropologist Anna Theissen, cooperating with the Civil Service for Peace-SCP Germany, within the framework of the INTERPAZ-AGIAMONDO project.

(Click here for the original Spanish version).

EDUCATION FOR PEACE, Latin America

Youth Survey Report : Youth Knowledge & Interest in Peace Education

… EDUCATION FOR PEACE …

A survey by the Global Campaign for Peace Education

In April 2021, the Global Campaign for Peace Education (GCPE) conducted a youth-focused survey to better understand awareness of and interest in peace and social justice education among high-school and college-age youth. This report is the result of the Global Campaign’s findings and analysis. Ultimately, GCPE hopes that this report will provide insight into youth awareness of and interest in peace education in an attempt to increase youth engagement.


Interest regarding social justice issues among high school students surveyed from around the world (Click on image to enlarge)

The Youth Survey on Peace and Social Justice Education was conducted by the Global Campaign for Peace Education Youth Team, composed primarily of students in the Justice and Peace Studies Program at Georgetown University. Team members include: Keaton Nara, Caelan Johnston, Maude Peters, Heather Huang, and Gabby Smiley. The report and analysis was supervised by Micaela Segal de la Garza, Program Manager, and Tony Jenkins, Coordinator of the Global Campaign for Peace Education.

The Global Campaign for Peace Education Youth Team is following up with survey respondents to explore the development of a peace education youth network.

Key findings and recommendations are reproduced below. For additional details and analysis, download the complete report.

Key Findings

In terms of existing peace education projects and programs, respondents demonstrated the highest levels of interest in violence prevention, human rights, global development, global citizenship, and gender violence.

Respondents demonstrated the least amount of awareness in meditation and restorative practices.

There was a strong interest in social justice, specifically in regard to issues of gender violence, terrorism, and racial violence, all of which were identified as significant subjects across demographic groups.

For world college-age demographics – both enrolled and not enrolled in peace studies programs – political polarization was the top-rated subject for interest in social justice projects and programs.

Questions for this article:

How can we promote a human rights, peace based education?

In gauging interest in youth-focused training, the survey found that respondents demonstrated, on average, the highest level of interest in creative outlets (i.e. opportunities to bring in new ideas through creative expression)

Recommendations

The majority of respondents, regardless of age, location, or enrollment in peace studies programs, learned about peace education programs and projects outside of school. There is a distinct lack of formal peace education in schools despite marked interest.
Recommendation: Support the development of peace education opportunities in schools that address students’ interests; capacitate students with skills so they may advocate for peace education programming (something respondents showed strong interest in).

Peace education is inherently community-driven, and it is precisely that communal aspect that youth seem to be most interested in.

Recommendation: Create clubs in schools that educate students about peace education and simultaneously create a space to forge community ties; bring peace education to community centers; provide peace education after-school programs.

Providing opportunities for youth to be active participants in their education is of the utmost importance.

Recommendation: Peace education programming and content should be derived from and designed to meet students’ social justice interests and not just the interests of teachers/faculty.

Social media platforms are incredibly important for youth programming and community engagement. Instagram, Facebook, Twitter, and newsletters emerged as the most used tools among respondents.

Recommendation: Create social media platforms that engage youth; create posts that appeal to the specific topics within peace education that they express interest in; respondents demonstrated, on average, the highest level of interest in creative outlets for youth-focused training, and social media is an excellent medium for this.

Many respondents demonstrated interest in a new youth focused network, though enrollment in a peace studies program generally indicates a higher level of interest.

Recommendation: Develop a new youth focused network for those who are interested to become involved and make connections with one another.

Peace Education Advocacy

The GCPE has a particular interest in students being able to advocate for their own curriculum and education. Youth inclusion in decision making is of the utmost importance, which is why respondents were asked about their interest in learning skills to advocate for peace education in their schools and communities. In general, respondents demonstrated high levels of interest in learning peace education advocacy skills with the average response across groups being 3.6 with 5 being the highest level of interest. These trends are demonstrated in the graph (see original article).

EDUCATION FOR PEACE, global

Argentina : Federal Network of Centers for Community Mediation and Training in School Mediation with an Example from Province of Buenos Aires

… EDUCATION FOR PEACE …

Articles from the Government of Argentina and Colegio de Escribanos, Province of Buenos Aires (translation by CPNN)

On December 16, the National Directorate of Mediation and Participatory Methods of Conflict Resolution, held the “National Meeting of the Federal Network of Community Mediation Centers and Training in School Mediation”.

Participants were judiciary officials coming from national, provincial and municipal executive governments; Presidents of Associations and foundations; National and Provincial Universities, all being members of the Network of Community Mediation Centers .
It was an enriching meeting, where experiences and developments of public policies for the strengthening of the Network were shared.

For the year 2022, an agenda of successive regional meetings and an annual closing event for the month of September are projected.

The objective of the “Juan José Cinqualbrez” Institutional Mediation Center is to carry out voluntary mediation (Law 13951), to disseminate mediation, its principles and characteristics, to train mediators, to create the Centers in each of the Delegations of the Association of Notaries, to organize conferences, forums, conferences, workshops, courses, sign collaboration agreements with national and foreign entities.

Our vision is to promote active social participation in conflict management, which will allow the co-construction of peaceful coexistence, and our mission is to contribute through processes of consensus and dialogue to access to justice for all social components.

Who are the mediators?

People trained and trained in resources and techniques in the art of managing conflicts, and effective communication. Their functions are:
°Accompany the parties within the framework of a trustworthy space.
° Guide the process.
° Facilitate dialogue between the parties.
° Balance the differences.
° Promote active listening.
° Maintain a climate of respect.
° To not judge or decide for the parties.

Question for this article:

Mediation as a tool for nonviolence and culture of peace

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The Advantages are :
° It provides a trustworthy space for dialogue.
° It is a short and inexpensive procedure.
° The parties agree on the solution to their conflict cooperatively.
° It ensures the secrecy of what is manifested, helping to maintain bonds and to balance power.

The parties :
° They are the protagonists of the mediation process.
° They will go from being two parties in conflict to being two parties to the conflict.
° They can go to mediation by themselves or accompanied by their lawyers.

What is the mediation clause?

It is a provision suggested by the College of Notaries to be incorporated into all contracts and regulations in which the notary intervenes. It is about adding a legend where it is stipulated that “in the event that divergences or adversarial conflict situations arise between the parties to the contract (…), the grantors voluntarily agree to submit to the Voluntary Mediation procedure for its solution (Law 13951), through the intervention of the mediators of the ‘Institutional Center of Mediation of the Association of Notaries of the Province of Buenos Aires’ with headquarters at Avenida 13 No. 770 of the city of La Plata (or its Mediation Center of the Delegation… of said Institution, domiciled at…”

Where can this clause be inserted?

This clause may be, for example, in: sales tickets; lease contracts; loan contracts; constitution of mortgages; business partnership agreements; constitution of use; room, servitude; constitution of usufruct; constitution of civil companies; constitution of sports clubs; association statutes; statutes of neighborhood and development societies; constitution of foundations; horizontal property regulations; constitution and dissolution of condominiums, among others.

Mediation centers:

To find out about the Mediation Centers, click here.

Suggested clause

To access the suggested mediation clause, click here.

(click here for the original version in Spanish).

EDUCATION FOR PEACE, Latin America

Granada, Spain : The Mediation Group shows members how to put the transformative model into practice

… EDUCATION FOR PEACE …

An article from the Illustre Colegio de Abogados de Granada (translation by CPNN)

In the field of Mediation there are different schools that offer diverse procedural dynamics depending on the type of conflict in question. One of them is the transformative perspective, where the focus is on the process, and not so much on the agreement. This model was discussed during the last session of the ‘Afternoons of Mediation’ cycle organized by the Specialized Mediation Group of the Granada Bar Association on December 15.

(click here for the original version in Spanish).

Question for this article:

Mediation as a tool for nonviolence and culture of peace

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The person in charge of informing the lawyers on this matter was the lawyer and international mediator Gustavo Fariña. He was introduced by the president of the group, Margarita Manzano Enríquez de Luna. The expert began by explaining that the most efficient method for conflict resolution is the one where the interest of the parties is used as a basis. This is more effective than application of the Law or the use of power, and in this way mediation can facilitate self-determination and the humanizing power of dialogue.

Next, the speaker argued that this conflict resolution system should be standardized, installed and promoted, since it favors a more democratic and peaceful culture in society in the resolution of conflicts. It returns the leading role to the parties in making decisions in conflicts, allows the parties to develop communication skills, makes it possible to decongest the Administration of Justice, provides society with greater access to Justice and makes people feel that they have regained their own voice.

Fariña also shared with the attendees of this online conference the transformative approach, where the focus is on the transformation of the interaction in the conflict, rather than its resolution. This helps to alleviate the effects of weakness and self-absorption that caused the problem and it produces a shift towards strength and empathy.

Finally, the mediator explained the transformative practices. These include : reorienting the intervener’s mission and commitment towards conflict transformation; maximizing the choice and control of the parties in terms of content and process, to increasing the intervener’s transparency: avoiding the use of pressure, manipulation and overreaction; and promoting the conversation between the parties.

EDUCATION FOR PEACE, Europe

Panama : Management results in 2021 of the Coordination Office of the Community Mediation Program

… EDUCATION FOR PEACE …

An article from the government of Panama (translation by CPNN)

The Coordination Office of the Community Mediation Program presented the main results achieved during the management period corresponding to the year 2021, in order to make visible the efforts and collaborative work carried out by each of the team members.

The presentation was given by Thaiska T. Tuñón Solano, head of the Coordination Office, and community mediators from the Administration Attorney’s Office participated.

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Question for this article:

Mediation as a tool for nonviolence and culture of peace

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Tuñón highlighted that, despite the difficulties encountered in the current context generated by the public health situation, important results were attained. Among these, he highlighted the resumption of agreements with different local authorities and national and international organizations to guarantee the operation of the Community Mediation Centers, in addition to the participation in different virtual academic activities at the international level to strengthen national and international technical cooperation.

The actions carried out collaboratively with the Norwegian Council for Refugees were highlighted, as well as the sensitizations developed in the community by each of the Community Mediation Centers. Also, he mentioned that most cases continue to be initiated voluntarily, that is, that the citizen directly attends the Center to request the conflict management service without the intervention of a judge or other authority.

(click here for the original version in Spanish).

EDUCATION FOR PEACE, Latin America

Centers for Mediation, Conciliation and Restorative Justice in the State of Mexico

… EDUCATION FOR PEACE …

An article from Hacienda Cuautitlan (translation by CPNN)

PROCESS

STAGES OF MEDIATION AND CONCILIATION

The mediation and conciliation services provided by the Center can be initiated at the request of the interested party or by referral from the Public Prosecutor’s Office or the judge who hears the matter, when the willingness of the interested parties to resolve their disputes through any of these methods is confirmed. This can begin before starting a judicial process, during the process or after it has concluded.


Click on image to enlarge.

1. REQUEST FOR MEDIATION AND CONCILIATION

The person interested in resolving their conflict through these channels must go personally or, where appropriate, through their legal representative with power of attorney to the State Center headquarters closest to their home with the original and a simple copy of their official identification , as well as the location data of the person you want to invite (full name, address and telephone number, if you know it).

If you wish to expedite this service, you can have the Service Request Form printed with the requested data.

2. START OF THE MEDIATION OR CONCILIATION PROCESS

Each Center has Secretaries or Operational Secretaries, who will verify if the conflict is susceptible to mediation, conciliation or subject to a restorative process, in accordance with the law. If so, a file is started that includes the data of both parties.

Finally, you will be provided with the date for the initial mediation or conciliation session, the corresponding file number and the name of the Mediator-Conciliator or Facilitator who will assist you.

The Secretary and/or Operational Secretary will make the invitation and turn it over to the Social Worker so that he/she invites the other person or persons to attend on the scheduled date; In addition, he reports the matter to the Mediator-Conciliator and Facilitator who will be responsible for assisting him.

3. INVITATION

A social worker comes to the house of the invited person delivers the invitation, letting him know that there is a person interested in discussing the conflict in common to seek alternative solutions, through mediation or conciliation.

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(click here for the original version in Spanish).

Question for this article:

Mediation as a tool for nonviolence and culture of peace

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4. MEDIATION AND/OR CONCILIATION SESSIONS

On the date and time indicated to the parties, the Mediator-Conciliator assigned to the matter waits for the parties.

If both parties show up, the session will begin, which takes place in a private and comfortable space. On the first occasion, the Conciliatory Mediator explains the purposes of the procedure, the rules that allow a respectful dialogue and ascertains the willingness of the parties to seek a solution to their dispute.

The Mediation or Conciliation sessions are oral and all that are necessary for the resolution of the conflict are carried out.

In each session, the people involved will have the opportunity to actively intervene, by expressing their needs, emotions, feelings and proposals, in an environment of trust, cordiality and respect guided by the assigned Mediator-Conciliator.

If the parties reach one or several points of agreement, it will be recorded in an agreement, a copy of which is given to those involved.

5. CONCLUSION OF THE MEDIATION OR CONCILIATION

In accordance with the Regulation of the Law of Mediation, Conciliation and Promotion of Social Peace for the State of Mexico, the request may be inadmissible or the mediation, conciliation or restorative justice procedure may be terminated, in case it becomes evident that the process of the alternative method is based on dishonest presentations.

6. AGREEMENT AUTHORIZATION

The head of the Mediation and Conciliation Center must ensure that the agreement does not contain dishonest consent, that it does not contravene morality or public order provisions, as prerequisites for its authorization.

When agreements are reached, they are signed by all the interested parties, include the fingerprints of the signatories, the signature of the Mediator-Conciliator who intervened and, finally, the signature of the head of the Mediation and Conciliation Center and the institutional seal.

7. EFFECTS OF JUDICATION

Once the agreement or agreement has been signed and authorized, it will have the same effectiveness between the parties as res judicata, and may be executed, in the event of non-compliance, by way of enforcement, provided for in the Code of Civil Procedures of the State of Mexico.

8. BREACH OF AGREEMENT

In case of non-compliance with the agreement, the parties have the right to choose whether to proceed to its execution by way of enforcement before the competent judge; or they initiate a new mediation or conciliation process.

http://www.pjedomex.gob.mx/conciliacion/#

EDUCATION FOR PEACE, Latin America

Indian Ministry of Law and Justice : The Mediation Bill, 2021

… EDUCATION FOR PEACE …

A project of law from PRS India

 The Mediation Bill, 2021 was introduced in Rajya Sabha on December 20, 2021.  Mediation is a form of alternative dispute resolution (ADR), where parties attempt to settle their dispute (outside courts) with the assistance of an independent third person (mediator).  The Bill seeks to promote mediation (including online mediation), and provide for enforcement of settlement agreements resulting from mediation.  Key features of the Bill include:

° Applicability: The Bill will apply to mediation proceedings conducted in India where: (i) all parties reside in, are incorporated in, or have their place of business in India, (ii) the mediation agreement states that mediation will be as per this Bill, or (iii) there is an international mediation (i.e., mediation related to a commercial dispute where at least one party is a foreign government, a foreign national/resident, or an entity with its place of business outside India).  In these cases, if the central or state government is a party, the Bill will only apply to: (a) commercial disputes, and (b) other disputes as notified by such government.

° Pre-litigation mediation: In case of civil or commercial disputes, a person must try to settle the dispute by mediation before approaching any court or certain tribunals as notified.  Even if the parties fail to reach a settlement through pre-litigation mediation, the court or tribunal may at any stage of the proceedings refer the parties to mediation if they request for the same.

° Disputes not fit for mediation: Disputes not fit for mediation include those: (i) relating to claims against minors or persons of unsound mind, (ii) involving prosecution for criminal offences, (iii) affecting the rights of third parties, and (iv) relating to levy or collection of taxes.  The central government may amend this list of disputes.
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Question for this article:

Mediation as a tool for nonviolence and culture of peace

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° Mediation process: Mediation proceedings will be confidential.  A party may withdraw from mediation after the first two mediation sessions.  The mediation process must be completed within 180 days (even if the parties fail to arrive at an agreement), which may be extended by another 180 days by the parties.  In case of court annexed mediation (i.e., mediation conducted at a mediation centre established by any court or tribunal), the process must be conducted in accordance with directions or rules framed by the Supreme Court or High Courts.

° Mediators: Mediators only assist the parties to settle their dispute, and cannot impose a settlement on the them.  Mediators may be appointed by: (i) the parties by agreement, or (ii) a mediation service provider (an institution administering mediation).  Mediators must disclose any conflict of interest that may raise doubts on their independence.  Parties may then choose to replace the mediator.

° Mediation Council of India: The central government will establish the Mediation Council of India.  The Council will consist of a chairperson, two full-time members (with experience in mediation or ADR), three ex-officio members (including Secretaries in the Ministries of Law and Justice and Finance), and one part-time member (from an industry body).  Functions of the Council include: (i) registration of mediators, and (ii) recognising mediation service providers and mediation institutes (providing training, education and certification of mediators).

° Mediated settlement agreement: Agreements resulting from mediation must be in writing, signed by the parties and authenticated by the mediator.  Such agreements will be final, binding, and enforceable in the same manner as court judgments (except agreements arrived at after community mediation).  Mediated settlement agreements (besides those arrived at in court referred mediation or by Lok Adalat or Permanent Lok Adalat) may be challenged only on grounds of: (i) fraud, (ii) corruption, (iii) impersonation, or (iv) relating to disputes not fit for mediation.

° Community mediation: Community mediation may be attempted to resolve disputes likely to affect the peace and harmony amongst residents of a locality.  It will be conducted by a panel of three mediators (may include persons of standing in the community, and representatives of RWAs).

° Interface with other laws: The Bill will override other laws on mediation (except certain laws such as the Legal Services Authorities Act, 1987, and the Industrial Relations Code, 2020).  The Bill also makes consequential amendments in certain laws (such as the Indian Contract Act, 1872, and the Arbitration and Conciliation Act, 1996). 

EDUCATION FOR PEACE, South Asia