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Dispute Settlement in a Changing Society

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1 Dispute Settlement in a Changing Society
Michaela Windischgrätz University of Vienna

2 A stable Narrative Guru Rimpoche Nangkha Nangdrik
Dispute between Sindhu Raja and King Nawoche

3 Traditional View Social agreement for keeping conflicts within the village “Better to lose in the village than to win in the court” Win-win situation Middle path Saving time and money Saving faces, raising heads

4 Testimonials of Change
“Disputes were settled mutually in the village. We did not have an alternative then. Disputing parties always listened to the elders, so there were no complications. They were all simple folks back then. But today, there are a lot of people with money, knowledge, qualification and ideas. So it has changed.” “Later, when people became bold, they started reporting the disputes to the Dzongda and Thrimpons”.

5 Dispute Settlement according to Subject Matters
No. Matters/Issues Mediation Litigation Total 1 Footpaths and access roads 830 110 940 2 Drinking water and irrigation 820 64 884 3 Irrigation channels and walls 404 37 441 4 Crops damaged by livestock 1039 44 1083 5 General land issues 223 73 296 6 Land bounderies incl. fruit trees 1495 19 1514 7 Inheritance 1808 4496 6304 8 Monetary 2056 9735 11791 9 Matrimonial 3048 2464 5512 10 Miscellaneous 3593 3892 7485 15316 20934 36250 Source: BNLI, Mediation Training Impact Assessment Report (2016)

6 Dispute Settlement according to Region
No. Dzongkhag Mediations Litigations Total 1 Bumthang 378 362 740 2 Gasa 208 81 289 3 Haa 509 380 889 4 Lhuntse 296 1124 1420 5 Mongar 2997 1241 4238 6 Paro 665 2958 3623 7 Pema Gatshel 313 1575 1888 8 Punakha 351 960 1311 9 Thimphu 160 3762 3922 10 Trongsa 786 392 1178 11 Zhemgang 316 603 919 Source: BNLI, Mediation Training Impact Assessment Report (2016)

7 Today´s Choices Money Education Mobility Applicable law Trust Roads
Rural-urban migration Applicable law Trust

8 Political Endeavour “Build up, revive and institutionalize the practice of mediation in Bhutan” Reasons Preserve cultural heritage Community vitality (GNH 9) Access to justice Lessen the case loads of the courts

9 Thank you for your attention!

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