The resolution of disputes through non-governmental entity and through the people themselves, as well as the elders of each community, has a long-standing history. With the enactment of The Dispute Resolution Councils Law on September 13, 2023, the legislature has further aligned these councils with the principles of peace and reconciliation, reinforcing their primary objective. Operating under the supervision of the judiciary, The dispute resolution council aims to facilitate amicable settlements between individuals and private legal entities.
The Dispute Resolution Councils Law represents the latest legislative approach to institutionalizing peace and reconciliation. The most significant reform introduced by this law is the establishment of Peace Courts and the redefinition of the Dispute Resolution Council as a non-judicial entity. Under this framework, the council will no longer conduct judicial proceedings but will solely mediate disputes to attain peaceful resolutions.
According to Article 36 and in reference to Article 41 of the dispute resolution councils law, until the formal establishment of peace courts, all lawsuits and complaints will continue to be processed under the existing legal framework, including the provisions of the Dispute Resolution Councils Law (November 6, 2015). Once the peace courts become operational, the previous law will be repealed.
In this article, we will first explore the key innovations introduced by the new law, followed by an analysis of its criticisms and potential shortcomings.