Alternative Dispute Resolution: Historical, Customary Practices & Legal Aspects of Nepal

Bishnu Prasad Khanal

doi:10.36948/ijfmr.2024.v06i05.28330

Alternative Dispute Resolution: Historical, Customary Practices & Legal Aspects of Nepal

Author(s)	Bishnu Prasad Khanal
Country	Nepal
Abstract	This paper focuses on the use of ADR in Nepal based on analyzing the historical background, cultural practices, and existing laws. The research's main objective was to identify how the ADR is practiced in the communities and in the judicial system of Nepal. The basic approach of research was doctrinal and in this approach primary sources regarded the constitution of Nepal and Acts likewise secondary source was taken as published articles and reports. It starts with background information on what peaceful conflict resolution is and how disputes are settled by mediators such as the elders and village assemblies conducted in communities. These are cultural methods of solving conflicts and they have been in use before the legal structures were formulated in Nepal. The paper also discusses the different forms of traditional ADR that have been incorporated into the contemporary Legal System of Nepal. It also surveys prominent statutes such as the Arbitration Act and the Mediation Act and how these laws assimilate and police traditional practices into and within the legal process. More specifically, the study compares the various conventional techniques, viewpoints, and designs used to address the issues of compliance with customary practices and measures the extent of the effectiveness. The paper nonetheless seeks to contrast between the traditional approaches and the legal frameworks to illustrate the need to embrace cultural practices alongside access to justice. The research found that the use of ADR is in different sectors of the communities and organizations, including international trade disputes and the law of Nepal has opened to settle disputes outside of the court system
Keywords	Mediation, Tribunal, Dispute resolution, UNCITRAL, Adjudication
Field	Sociology > Administration / Law / Management
Published In	Volume 6, Issue 5, September-October 2024
Published On	2024-10-20
Cite This	Alternative Dispute Resolution: Historical, Customary Practices & Legal Aspects of Nepal - Bishnu Prasad Khanal - IJFMR Volume 6, Issue 5, September-October 2024. DOI 10.36948/ijfmr.2024.v06i05.28330
DOI	https://doi.org/10.36948/ijfmr.2024.v06i05.28330
Short DOI	https://doi.org/g8nqbt

View / Download PDF File

E-ISSN 2582-2160

doi

CrossRef DOI is assigned to each research paper published in our journal.

IJFMR DOI prefix is
10.36948/ijfmr

Downloads

Research Paper Format Copyright Permission Form and Undertaking Form Cover Page Vol 6 Isu 6 Cover Page Vol 6 Isu 5 Cover Page Vol 6 Isu 4

All research papers published on this website are licensed under Creative Commons Attribution-ShareAlike 4.0 International License, and all rights belong to their respective authors/researchers.

CC-BY-SA

About IJFMR Fees & Payment Current Issue Publication Archive	Submit Research Paper Track Submission Status Publication Guidelines Publication Ethics Peer Review & Plagiarism	Join as a Reviewer Editors & Reviewers Reviewer Referral Program Get Reviewer Membership Certi.	Website/Journal Policies Usage Policy Content Policies Privacy Policy

Contact Us		+91-9898-5948-55	editor@ijfmr.com

International Journal For Multidisciplinary Research

A Widely Indexed Open Access Peer Reviewed Multidisciplinary Bi-monthly Scholarly International Journal

Alternative Dispute Resolution: Historical, Customary Practices & Legal Aspects of Nepal

Share this