‘Mediation’ - the Guardian Angel of Dispute Resolution in Sri Lanka: A Comparative Analysis

As a less formal, less complex, time-efficient, and cost-effective method of dispute resolution, mediation has gained widespread recognition as a significant mechanism within Alternative Dispute Resolution (ADR). In addition to facilitating the resolution of disputes, mediation is widely acknowledged as an effective means of resolving commercial disputes through mutually beneficial outcomes. In Sri Lanka, community mediation and commercial mediation constitute the two principal forms of mediation and derive their legal validity from the domestic legal framework. Although community mediation has demonstrated considerable success, commercial mediation has yet to gain widespread acceptance as a preferred mode of dispute resolution. A comparative analysis of the mediation regimes of Sri Lanka and Singapore reveals several deficiencies and legislative gaps within the Sri Lankan legal framework. Consequently, there is a need to reform the legislative provisions governing mediation, enhance public awareness of its benefits, and strengthen the existing mediation framework to promote its effectiveness as a dispute resolution mechanism. This study examines the effectiveness of the legal framework governing mediation in Sri Lanka, identifies the shortcomings of the current legal regime with particular reference to commercial mediation, and proposes practical reforms to strengthen the existing framework. The research adopts both doctrinal and comparative research methodologies. The findings demonstrate an urgent need for legislative reform to enhance the legal framework governing mediation. Accordingly, the study recommends amendments to the Mediation Boards Act of Sri Lanka together with measures to strengthen the existing enforcement mechanisms, thereby promoting a more effective and sustainable mediation regime.