Mediation in Bhutan

Quick Facts

• Legal Framework: Bhutan enacted the Alternative Dispute Resolution Act of 2013, which allows individuals to appeal to higher courts within ten working days if not satisfied with ADR outcomes. The National Council's Le...
• Cultural Approach: Bhutan's cultural approach to ADR reflects its Buddhist traditions and emphasis on Gross National Happiness. The Jigme Singye Wangchuck School of Law has an Appropriate Dispute Resolution Clinic provi...
• Typical Costs: Specific fee structures for ADR in Bhutan are determined according to the Bhutan Alternative Dispute Resolution Centre and individual practitioners. The ADR Act provides framework for cost allocation....

Mediation Research

Legal Framework

Bhutan enacted the Alternative Dispute Resolution Act of 2013, which allows individuals to appeal to higher courts within ten working days if not satisfied with ADR outcomes. The National Council's Legislative Committee reviewed the ADR Act and proposed amendments to 159 of 182 provisions, retained 23 provisions, and introduced four new provisions in the ADR (Amendment) Act of Bhutan 2024. The Bhutan Alternative Dispute Resolution Centre provides ADR services. The Act refers to methods such as mediation, arbitration, and conciliation.

Court System

The ADR Act allows individuals to appeal to higher courts within ten working days if not satisfied with ADR outcomes, indicating integration with the court system. The proposed amendments in 2024 suggest ongoing refinement of court-ADR relationship. The National Council's Legislative Committee involvement indicates parliamentary oversight of ADR framework. Courts provide appellate review mechanism for ADR decisions.

Mediator Regulations

The Alternative Dispute Resolution Act 2013 and its 2024 amendments provide framework for mediator qualifications and conduct. The Bhutan Alternative Dispute Resolution Centre provides ADR services and likely maintains mediator standards. Professional mediators and arbitrators are regulated through the legislative framework. The Lamtoen Law Firm provides mediation services in accordance with ADR Act provisions.

Cultural Approach

Bhutan's cultural approach to ADR reflects its Buddhist traditions and emphasis on Gross National Happiness. The Jigme Singye Wangchuck School of Law has an Appropriate Dispute Resolution Clinic providing students opportunity to expand dispute resolution tools and learn about traditional Bhutanese dispute resolution practice. The integration of traditional Bhutanese practices with modern ADR indicates cultural alignment.

Typical Costs

Specific fee structures for ADR in Bhutan are determined according to the Bhutan Alternative Dispute Resolution Centre and individual practitioners. The ADR Act provides framework for cost allocation. Costs are typically shared between parties unless otherwise agreed. The emphasis on accessibility suggests efforts to make ADR affordable. Government support may provide funding for ADR programmes.

States and Regions