The Mediation

As a small child, I have witnessed problems between my parents. I have seen the same between neighbors. As I grew older, I have witnessed such problems beyond the neighbor or in own family. The problems are everywhere. All I have seen them
going to a court or to local leader to solve the problem. I always thought that mediation is process where someone who knows the law should settle the cases even after completing my post-graduate in law. But I was wrong.

After almost three decades of my birth, I had the opportunity to learn how to solve these problems. I was not introduced not in the Bhutanese context instead to how a developed country like Australia does. Through the training period moved on, as usual I have argued with the professor when I see that some of the techniques or context which perfectly work in their country which may not work in Bhutan. I along with my many of colleagues from various agencies attended a three day training of the trainers.

The training was given by a renowned Professor Ms. Melind Shirley from Queensland University of Technology. I found the course quite comprehensive. Unlike, most of the trainings we have in Bhutan where most of the time is spent on theory, there were more practical sessions which  allowed us to learn the reality of mediation. Such session allowed me to learn on the use of mediation and how suitable such methods or techniques in our country.

With the completion of the ToT, I had the opportunity to practice my acquired knowledge over few days with another group of six participants. I felt more happy as I was asked to teach a group who were expert in these kind of field. Most of them were all young and professional lawyers. Instead of my teaching, I had the opportunity to learn from them. That was the greatest advantage I had which prepared me to be more professional in the furture.

Few of the observation I have seen and heard from my trainees were:

1.       The mediation process in Australia is quite different from Bhutanese day.

2.       Mediation in Australia more systematic and professional where the mediator is supposed to be a neutral unlike in Bhutan where mediator also decides for the parties.

3.       Although, I was trained that in Australia, the mediation is completely a informal, I have observed that to some extent, it also has courtroom style. This is because there are two basic rules which states that only party can talk while party should listen to them. There are also private sessions like in the court. Therefore, I was still not convinced that mediation is complete informal session.

In nutshell, Bhutanese mediation process may need some more systematization including framing of the code of ethics for the mediators and accreditation of by a competent authority.