and institutions created and established, or recognised by the Constitution or created and established by law. The Parliament has established a number of arbitration and mediation bodies for certain disputes. Arbitration Act No.11 of 1995 provides an arbitration mechanism to resolve disputes in relation to commercial transactions. Mediation Boards Act No.72 of 1988 provides a framework for Mediation Boards empowered to mediate claims less than Rs.25,000.00. The Industrial Disputes Act No.43 of 1950 as amended provides for the resolution of labour disputes by arbitration, conciliation and adjudication by labour tribunals. The Human Rights Commission of Sri Lanka Act No.21 of 1996 provides for the resolution of complaints through conciliation and mediation of complaints entertained by the Commission in relation to fundamental rights violations and also to make recommendations; Agrarian Services Act No 58 of 1979 provides for the appointment of the Commissioner of Agrarian Services who shall have the power of a District Court to hear and to decide any dispute referred to him under this Act. With respect to property disputes, claims for less than Rs25,000.00 can be heard by the Mediation Board. This ceiling is far too low to cover the majority of property claims. Moreover, we understand that both lawyers and claimants push their claims above the current ceiling in order to have their claims heard in a court. The reason for this is that, where disputes involve complex interpretation of the law, parties would prefer the dispute to be heard by a legally-qualified body so that they do not compromise their legitimate legal rights and claims. In the past, the Ministry of Justice has unsuccessfully attempted to increase the ceiling set by the Mediation Boards Act with the aim of resolving more disputes through the process of mediation. This attempt failed due to opposition from members of the legal community and the public. We do not believe that an increased ceiling would be a solution as Mediation Board members do not have the adequate legal training and technical knowledge to resolve property disputes. The Ministry of Justice is now in the process of drafting legislation to establish Special Mediation Boards. Special Mediation Boards will have jurisdiction in respect of certain categories of disputes specified by the Minister by regulation (e.g. All disputes relating to secured or unsecured debts, all disputes relating to environmental issues, etc.). The members of Special Mediation Boards, like those appointed to the Mediation Boards, will be respected members of the community. They will not be persons trained in the law. Based on the views expressed by the Legal Aid Foundations of the conflict affected arias and the discussions we have held with lawyers and members of the judiciary. We recommend the establishment of a separate dispute resolution body to determine propertyrelated disputes in the conflict-affected areas. The number of bodies and the location of the sittings would depend on the number of claims. The body should comprise no less than two legally-qualified members, possibly retired judicial officers, appointed by the Judicial Services Commission for a specified period. Officers (preferably a degree holder or an equally qualified person) should be appointed for the purpose of recording the claims and making a report to the body. Qualified persons are recommended for this purpose to do away with the added expense and delay involved in representation on behalf of parties. In these proceedings the parties should not be permitted to be represented unless the party is a minor, ill, old or unable to attend without reasonable delay or expenses. Complaints to the body should be made by a party in person who claims the right, title or interest orally or in writing. In addition, the body itself should be empowered to initiate inquiries to settle disputes. The alternative dispute resolution body should have the authority to resolve all property disputes irrespective of the value of the claim as well as the authority to issue interim orders for relief, and to recommend alternative accommodation, land or compensation. The 31

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