Resolving Disputes in Nepal

Resolving Disputes in Nepal is a vital topic that affects the rights and interests of individuals, businesses, and organizations. According to my search, disputes in Nepal can be resolved through various methods, such as litigation, arbitration, mediation, negotiation, etc. The choice of the method depends on the nature, complexity, and urgency of the dispute, as well as the preference and agreement of the parties involved.

Some of the main methods and features of resolving disputes in Nepal are:

•  Litigation: Litigation is the process of taking a dispute to a court of law for adjudication by a judge or a tribunal. Litigation is the most formal and authoritative method of resolving disputes, but it can also be time-consuming, expensive, and adversarial. Litigation in Nepal is governed by various laws and regulations, such as the Constitution of Nepal, the National Civil Procedure (Code) Act 2017, the Muluki Civil Code 2017, the Muluki Criminal Code 2017, etc. The Nepalese courts are divided into three tiers: the Supreme Court, the High Courts, and the District Courts. There are also specialized courts and tribunals for certain types of disputes, such as the Labour Court, the Revenue Tribunal, the Debt Recovery Tribunal, etc.

•  Arbitration: Arbitration is a process of resolving a dispute by submitting it to one or more arbitrators who are appointed by the parties or by a third party. Arbitration is a private and confidential method of resolving disputes, which can be faster, cheaper, and more flexible than litigation. Arbitration in Nepal is governed by the Arbitration Act 1999, which provides for both domestic and international arbitration. The parties can choose their own arbitrators, rules of procedure, and applicable law. The arbitration award is final and binding on the parties and can be enforced by the courts.

•  Mediation: Mediation is a process of resolving a dispute by involving a neutral third party who facilitates communication and negotiation between the parties. Mediation is a voluntary and cooperative method of resolving disputes, which can preserve or improve the relationship between the parties. Mediation in Nepal is governed by various laws and regulations, such as the Mediation Act 2011, the Mediation Rules 2011, and the Code of Conduct for Mediators 2011. The mediator does not impose a solution on the parties but helps them to reach their own agreement. The mediation agreement is binding on the parties and can be enforced by the courts.

•  Negotiation: Negotiation is a process of resolving a dispute by direct communication and bargaining between the parties. Negotiation is an informal and flexible method of resolving disputes, which can be done with or without the assistance of a third party. Negotiation in Nepal is not governed by any specific law or regulation but depends on the goodwill and trust of the parties. The parties can decide their own terms and conditions for settling their dispute. The negotiation agreement is binding on the parties and can be enforced by the courts.