The Nepali Judiciary - Supreme Court Of Nepal

and to frame necessary policies. 68 The recommendations made by the Committee had been
presented for discussions among experts in this subject and with the Bar Association and based
on the feedbacks received amendments have been made in the Court Rules of the Supreme
Court, 69 Appellate Court, 70 and District Court 71 the three tiers of the court thereby creating space
for mediation where disputes could be settled through mutual agreements of the parties.
Currently, a Mediation Operating Guidelines has been issued for all level of courts. 72 A consultation
meeting on the Mediation Bill drafted by Ministry of Law, Justice and Constituent Assembly Affairs
has been organized with the concerned stakeholders and has been submitted to the concerned
Ministry. A Mediation Committee at the central level has been established at the Supreme Court. 73
The Committee is headed by a justice of the Supreme Court and the committee is involved in
framing necessary policies regarding institutionalization of mediation process, establishment of
mediation centers, and dissemination of mediation process among court users.
Training need assessment for judges, officers and assistant employees is being carried out by the
National Judicial Academy. 74 Reform of the Judiciary Program and Access to Justice Program is
being carried out with the assistance of The Asia Foundation and UNDP. Likewise, USAID/ARD
through its Rule of Law Program has been providing training on capacity enhancement of judges,
court personnel and legal professionals. Similarly, the Mediation Committee with support from
USAID and The Asia Foundation and technical support from Center for Legal Research and
Resource Development (CeLRRd) has been framing training curriculum 75 for potential mediators.
Mediation centers have been established at the Supreme Court, Appellate Court Patan and Ilam
and in the District Courts of Kavrepalanchowk, Dolakha, Lalitpur, Kaski and Ilam.
3.3.12 To improve the security situation in the courts and for judges, court employees and
court users
The Plan proposed to constitute a committee to review the security situation of the courts, study
past reports on security and evaluate present situation, develop guidelines regarding security of
judges, employees and court users and to implement the same, to develop guidelines regarding
security of courts and to constitute a security committee in each court for implementation of this
guidelines.
The mid-term review proposed for development of extensive security plan, extend social security,
review of security risks, strengthen the roles and responsibilities of the concerned officers and to
draft security policy for within and outside the courts and for residence of the judges and to
implement the same.
68 Honorable Justice Khil Raj Regmi, Supreme Court headed this Committee.
69 Rule 2 of Supreme Court Regulation, 2049 contains the definition, Rule 13 (d) (2) prescribes for provisions relating
to Mediation Committee and Rule 65 (b) to 65 (k) prescribes procedures relating to mediation.
70 Rule 2 of Appellate Court Regulation, 2048 contains the definition, Rule 53 (b) to 53(o) prescribes additional rules
regarding mediation
71 Rule 2 of District Court Regulation, 2052contains the definition, Rule 32 (a) to 33(l) prescribes procedures relating to
mediation
72 Mediation Operating Guidelines for the Supreme Court, Appellate Court and District Court had been issued by the
Full Court of the Supreme Court on 2063 B.S. by exercising the right under Rule 65 (k) of Supreme Court
Regulation, 2049 and Section 30 of the Judicial Administration Act, 2048
73 This Committee has been constituted pursuant to Section 13 (d) (2) of the Supreme Court Regulation, 2049 and the
office of this Committee is located at the Supreme Court
74 National Judicial Academy has been providing training to all judges and officers and pursuant to the decision of the
Plan Implementation Committee dated 2065/1/13, training need identification is being carried out.
75 Curriculum had been designed pursuant to the decision made by the Mediation Committee on 2065/3/6
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