Mediation in Myingyan, Mandalay

The Olive Branch in Myingyan

The Olive Branch provides professional mediation services to clients in Myingyan and throughout Mandalay in a region home to approximately 142 thousand . Our experienced mediators work remotely to help you resolve disputes efficiently and effectively, saving you time, money, and relationships.

Whether you're dealing with commercial conflicts, family matters, or workplace disputes, we offer a neutral, confidential space where all parties can speak freely and work toward mutually beneficial solutions. Our approach is grounded in real-world experience and a deep understanding of the challenges businesses and individuals face.

We understand that every dispute is unique. That's why we tailor our mediation process to your specific circumstances, ensuring that the resolution you reach is practical, lasting, and fair to everyone involved.

Myanmar

Legal Framework

Mediation in Myanmar follows amendments to the Civil Procedure Code (CPC). On 11 October 2021, the Myanmar State Administration Council issued an amendment to the CPC which introduces mediation as an avenue for dispute resolution in civil disputes. The Supreme Court of the Republic of the Union of Myanmar (USC) introduced a court led mediation programmeme in March 2019 with assistance from Japan International Cooperation Agency (JICA). The pilot Mediation Programmeme was first implemented at eight Township Courts and two District Courts, and subsequently at all state and regional High Courts. The Arbitration Law 2016 provides framework for arbitration and related dispute resolution. The CPC has been amended to allow courts to refer cases to mediation: cases prescribed for mediation by any law or notification issued by the Supreme Court, and cases which are voluntarily referred to mediation by the parties. The Myanmar Arbitration Centre (MAC) was launched on 3 August 2019 as central seat for arbitration disputes in the country, operating under Myanmar Arbitration Law 2016.

Court System

Myanmar courts actively promote court led mediation as part of efforts to manage increasing caseloads. The Supreme Court introduced court led mediation programmeme in March 2019. The pilot programmeme was implemented at eight Township Courts and two District Courts, then expanded to all state and regional High Courts. The CPC amendment allows courts to refer specific cases to mediation. Courts assign mediators to facilitate parties reaching mutually agreeable solutions. Where parties reach agreement through mediation, they apply to court to verify the agreement. The court then passes an order or decree in accordance with relevant provisions of CPC. The court led mediation programmeme aims to provide alternative time- and cost-saving means for litigants to resolve disputes. Civil proceedings are conducted by trial judge from beginning to end including pretrial conferences. The judge can refer matters to mediation at appropriate stages of proceedings.

Mediator Regulations

Mediators in Myanmar's court led mediation programmeme are assigned by the court. The CPC defines mediation as dispute resolution process involving a mediator assigned by the court who facilitates parties to reach mutually agreeable solution. Unlike many other mediation programmemes around the world, the Myanmar Mediation Programmeme does not require parties to pay for mediator services during the pilot phase. The appointed mediator would be well-placed to understand relevant legal issues arising in each case and can comment on likely outcomes should mediation be unsuccessful. The College of Myanmar Arbitrators has been established to support arbitration and mediation practitioners. Professional training for mediators is provided through JICA assistance and Supreme Court initiatives. The Myanmar Arbitration Centre maintains panel of qualified arbitrators and mediators for commercial disputes.

Cultural Approach

Myanmar's cultural approach to mediation is influenced by traditional dispute resolution mechanisms emphasising harmony and community consensus. The court led mediation programmeme reflects judiciary's efforts to continue promoting alternative dispute resolution despite political challenges. Myanmar culture values face-saving and maintaining relationships, which aligns with mediation principles. The emphasis on mutually agreeable solutions rather than imposed judgments resonates with traditional approaches to conflict resolution. The programmeme's introduction with JICA assistance demonstrates international cooperation in developing Myanmar's ADR framework. The cultural context supports voluntary dispute resolution and compromise over adversarial litigation.

Typical Costs

The court led mediation programmeme in Myanmar does not require parties to pay for mediator services during the pilot phase, making it cost effective alternative to litigation. The programmeme aims to provide time- and cost-saving means for litigants to resolve disputes. Private mediation through Myanmar Arbitration Centre charges fees based on case complexity and mediator qualifications. The cost savings compared to litigation are significant, as mediation avoids lengthy court proceedings. The emphasis on efficiency and reducing court backlog encourages cost effective dispute resolution. For commercial disputes, MAC provides fee structure based on dispute value and complexity. The pilot programmeme's free mediator services represent government commitment to promoting ADR access.

Sources

Country Sources

• Court-led Mediation in Myanmar: Practical Tips for Favourable Outcomes (organisation)
• Myanmar allows courts to refer matters to mediation in amended Code of Civil Procedure (organisation)
• Court Procedure and Court Processes - CACJ (organisation)
• Arbitration centre launches in Myanmar (organisation)
• UMFCCI Establishes The Myanmar Arbitration Centre (organisation)
• New York Convention - Myanmar (organisation)
• Singapore Convention on Mediation - Jurisdictions (organisation)