In conversation with Team Leader of SEDR project in Sri Lanka
“The World Justice Forum (WJF) held every three years is the premier international event for the rule of law, convening hundreds of government, civil society and private sector leaders, experts and practitioners to discuss and consider rule of law and access to justice challenges and solutions,” shared SEDR project in Sri Lanka Team Leader Jacques Carstens.
The European Union has contracted the British Council to deliver the Supporting Effective Dispute Resolution (SEDR) project in partnership with The Asia Foundation in Sri Lanka over four years (2020-2024). The project comprises four overarching result areas that seek to enhance the effectiveness and availability of dispute resolution mechanisms in Sri Lanka and to foster social cohesion and more inclusive community-state engagement.
SEDR applied in late 2021 to the WJF organisers for Sri Lanka to lead one of the working sessions at the event, which was held from 30 May to 2 June 2022 in The Hague, Netherlands. The small delegation from Sri Lanka consisted of two senior policy level representatives from the Ministry of Justice and four mediation practitioners.
The working session at the WJF – entitled ‘Community Mediation as alternative pathway to dispute resolution in Sri Lanka’ – was designed in such a way that mediation practitioners could share their personal experiences of the national mediation programme on a global stage.
“These four mediation practitioners did a great job at showcasing Sri Lanka’s unique mediation model and approach at the WJF event,” Carstens said.
Following are excerpts from a chat with Carstens to learn more about Sri Lanka’s national mediation programme.
Could you tell me a little bit about yourself?
My name is Jacques Carstens, a proudly South African cricket lover, originally from Cape Town. I’ve been working internationally in access to justice and rule of law reforms for more than 20 years, with postings in Africa (Kenya and Malawi) and since 2015 in East Asia working in Thailand, Myanmar, Vietnam, and Philippines. I started working in Sri Lanka in late 2020 and relocated to Colombo in early 2021. I’m fascinated by the beauty and complexity of Sri Lanka and its people.
Tell me about your role as leader of Sri Lanka’s mediation programme?
I’m the Team Leader of the Supporting Effective Dispute Resolution (SEDR) project in Sri Lanka. It’s a four year project funded by the European Union to the value of Euro 7 million, implemented by the British Council in partnership with The Asia Foundation. The specific objective of SEDR is to improve dispute resolution services for individual and community level grievances in six districts in the Northern, Eastern and Uva Provinces.
As SEDR Team Leader I work with a small team of dedicated Sri Lankan professionals providing direct support via the Ministry of Justice to the Mediation Boards Commission of Sri Lanka and their national mediation programme. My role is to ensure the technical coherence of SEDR and that the project resources are used for the intended purposes.
How has your experience been leading the team and also with handling the working session at World Justice Forum?
The World Justice Forum (WJF), held every three years, is the premier international event for the rule of law, convening hundreds of government, civil society and private sector leaders, experts and practitioners to discuss and consider rule of law and access to justice challenges and solutions.
SEDR applied in late 2021 to the WJF organisers for Sri Lanka to lead one of the working sessions at the event, which was held from 30 May to 2 June 2022 in The Hague, Netherlands. The small delegation from Sri Lanka consisted of two senior policy level representatives from the Ministry of Justice, and four mediation practitioners.
The working session at the WJF entitled ‘Community Mediation as alternative pathway to dispute resolution in Sri Lanka’ was designed in such a way that mediation practitioners could share their personal experiences of the national mediation programme on a global stage. These four mediation practitioners did a great job at showcasing Sri Lanka’s unique mediation model and approach at the WJF event.
How important do you think it was for Sri Lanka to partake in a programme such as this?
Sri Lanka’s national mediation programme is a very unique model from which the rest of the world can take lessons of good practice, so in my view it was an important opportunity for Sri Lanka to share their experience of more than three decades of mediation.
It is a hybrid model, State-funded, delivered through approximately 330 Community Mediation Boards islandwide, by more than 8,400 well trained volunteer mediators, using an interest-based mediation approach and dealing with more than 250,000 disputes annually at local community level.
What are your thoughts on community mediation in Sri Lanka? What are some of the recent work that has been done in this regard? How successful have they been? Can you cite some examples?
I think Sri Lanka can be super proud of its national mediation programme as it is an example of global good practice in alternative dispute resolution which offers many rich lessons and experiences for other countries.
The settlement rate of community mediation boards exceeded 62% and recent research conducted by SEDR indicated a satisfaction rate of 89% by those who used community mediation boards.
We just observed the remembrance of Black July, a dark time in Sri Lanka’s history. Do you think we’ve come a long way since 1983 where community mediation is concerned?
I think Sri Lanka has established an excellent community mediation model, which is rightly the envy of many others. So yes, you have come a long way indeed and this is something all Sri Lankans should be proud of.
What are your pressing concerns for Sri Lanka as a nation right now, especially when it comes to mediation efforts?
The pandemic – and now the current socio-economic crisis – has created a whole range of difficulties in people’s daily lives that manifest in an increased need for local dispute resolution. Because of pandemic-related restrictions, community mediation boards could not meet for lengthy periods of time.
The current public finance crisis – causing cuts in Government spending – is having a devastating effect on the ability of community mediation boards to meet and resolve disputes. There is simply not enough State funding to ensure that mediation boards meet frequently to resolve disputes. This causes not only a backlog of disputes, but exacerbates social tensions and frustrations at local community level, creating barriers for ordinary people to access justice.
Any lessons we can learn from dark times in our history which we can put into practise as everyday citizens going forward?
One of the most impressive elements of Sri Lanka’s national mediation programme is how there seems to be a pervasive sense of community service and volunteerism built into the national spirit. Community mediation is a great way for fellow-citizens to take some of their own time and dedicate it to helping others who are struggling.
I’d like to encourage more women and young people across the island to consider making themselves available for nomination as community mediators – your local community needs you now more than ever.
Future plans for Sri Lanka’s national mediation programme?
Using recent research results, we are working on a national mediation awareness campaign entitled Gini Sisila – keep an eye out for this to learn more about mediation in Sri Lanka in the months ahead.
In addition, SEDR will be working with civil society partners seeking to address some of the underlying causes of conflict in local communities, and thereby contributing to more effective community dispute resolution.
Anything else you’d like to add?
In case you’d like to learn more about Sri Lanka’s national mediation programme or would like to become directly involved, please visit: www.sedrsrilanka.org[