TSUNAMI MEDIATION

Tsunami has created lot of legal issues which are much more complex in nature, and it was learnt that the community mediation boards cannot handle these disputes, which have arisen out of tsunami where, most of the grievances of the affected persons are against public officials.

The Minister of Justice notified in the gazette dated on 14 June, 2005 and permitting the establishment of Tsunami Special Mediation Boards (hereinafter referred as “TSMB’) under the Mediation (Special Categories of Disputes) Act No. 21 of 2003. The areas are defined and applications were called for mediators in the Extra Ordinary Gazette Notification dated 05 October 2005. Thirteen Administrative Districts were identified for the establishment SMBs. The SMB are given jurisdiction of hearing and determination of any dispute where the debt, damage or demand has arisen as a result of the tsunami. The value of the dispute is below Rs 500,000 has made mandatory to go for mediation before filing an action in a court of law. Therefore, the disputes should be gone before the TSMBs for settlements in some of the disputes.