Opinion
Consensus as mediation for two-person criminal dispute resolution
By Jolly Somasundram
(macsoma@gmail.com)
“Philosophers have only interpreted the world. It is time to change it”
Karl Marx
There was growing disenchantment in the 1970’s- 80’s, about the equity of the prevailing Bentham based Utilitarian system of resolving minor, two-person criminal disputes. The system was implemented in Sri Lanka (then Ceylon), on the recommendations of Cameron- Britain’s Benthamite jurist- and implemented since 1832, by a newly established Court system. One consequence of implementation was giving birth to a new cadre of professional pleaders called lawyers.
The philosophical principle which underlay Bentham’s thought was to provide the greatest happiness to the greatest number. The concerns of the distraught losers were of no concern to the Court. It was hard luck for them. Cameronian dispute resolution was operated and outputs delivered through a lynchpin decision maker- a learned judge- who, after a trial, where a forensic inquiry on all aspects and issues was assayed and, after consulting precedents, laws and lawyers, delivers with reasons, a binding but appealable verdict. The verdict had a winner and a loser. It could be the Hammurabi code in action, so ancient were its putative origins.
The Hammurabi inspired code had its merits but also suffered a number of critical downsides, among them, it being expensive, time consuming and leaving behind an embittered loser. For the disputants, the need for presence in a majestic Court building was awesome by itself. The events enacted therein, appeared théàtre. First, there had been a live dispute in which the disputants were participant/actors. In the second round, in Court, the proceedings were called to order in a stentorian voice of the Court crier. The disputants were represented by two or more black-garbed individuals- called lawyers- arguing, not in search of the Socratic truth but how best to accomplish their brief, irrespective of veracity of the events presented. The truth was not a hard objective reality- like a diamond- but a fungible commodity. The bemused watching disputants, were prevented from instantly setting the record straight, under rules of contempt. These lawyers were arguing about a disembodied dispute to which they were not privy, one they had known only second hand when events were related in Chambers by the disputant who had retained him. The Cameronian Court drama ended as a zero- sum game, without the disputants having a say on how it was conducted nor on its outcome. The case concluded as another transaction, reconciliation not being given much attention. It was a bureaucratic, Correct justice fulfilling the rules, but not dealing with developmental justice, which covers what is Right, the one that would take into account human frailties like perception and visual agnosia. Kurosowa’s brilliant film, ‘Rashomon’, deals plausibly with the subject. Four eye-witnesses to the same incident, recounted it later in four different ways. Many, including Rawls- the pre-eminent philosopher of Law- questioned the ‘justice’ of this justice.
A fresh jurisprudence was called for, based on a Steve Jobs’ rethink, deriving out of insights from human psychology. Law is a life form which is all about managing social relations in a dexterous and acceptable manner. The Ministry of Justice (MoJ) of the 1970’s-80’s gave intense thought to the creation of a more equitable arrangement and amend the Cameronian bureaucratic model which decides- blindfolded and with a pair of weighing scales- on what is Correct. The new approach should also be about what law ought to be ie decide on what is Right. This is the developmental mode in the Rawlsian model.
The time was ripe to soft- revolution Cameronian modalities. It should be a fresh template, to ease access to justice at the grassroots and deliver it as fair justice, a win-win remedy. A greening of justice was called for, not reddening it with embarrassment. Justice should be dealt as a public good, like education or health, available to all, not only to those who could afford it. The focus of Justice should be to give attention to the most disadvantaged, the vulnerable, the poor, the marginalised, the shirtless ones- the descamisados.
The MoJ (Ministy of Justice)/ MBC (Mediation Boards Commission) new model is a version of alternate dispute resolution, authored by the MoJ and implemented by the MBC. It is an effort to give life to a foundling Pygmalion and offer it intellectual sustenance, in the light of new thinking and its requirements. The narration, now presented, is uncommissioned, pro-bono exercise. It has no authority.
The founder MoJ’s suggested recommendations would take the breath away, for its sheer swashbuckling thinking! Refreshed with a new view of the nature of Man, these recommendations were derived out of intuition and extraordinarily creative, out- of- the- box thinking. Founder MoJ’s recommendations placed every accepted Cameron jurisprudence on his head. There was no judge, the two disputants were their own judge. The disputants- at a dyadic level, (the lowest point of the polity)- and in intense, engaged, inclusive in camera discussions, by themselves, of themselves, for themselves, to themselves, among themselves, with themselves, will eventually emerge with a consensually derived resolution to their dispute, assisted– if approved by the two disputants- with a trained mediator. All three, the two disputants and the mediator will be from the same community, perhaps travelling to and from the mediation venue in the same bus, thus cementing community support for the result. No lawyers were permitted, no politicians were selected as mediators. It was a do- it- yourself (DIY) justice. A dissatisfied disputant could take recourse at the next higher level of the judiciary. If it were thought all this was a Mad Hatter’s party of Prepositions, nothing could be more wrong, as the whole initiative turned out a grand success. The co-founder MBC, starting with zero in 1988, had built about 350 units in thirty-five years, working every Sunday morning with about 8500 volunteers spread all over the island, the largest number of volunteers in the island. It was not a top-bottom Benthamite justice but a Rawlsian bottom-up one.
The disputants found their own justice! If there were a feeling that this were anarchy- a dream of a mentally tested- it would be wrong. The other co- founder, the MoJ persisted and, as mentioned, in thirty-five years of committed endeavour there are now about 350 functional dyadic mediation boards, meeting every Sunday, the country experiencing a throbbing democratic happening of give, take and compromise in 350 mediation centres.
The subject and function of mediation is vested with the Ministry of Justice (MoJ). To implement its proposal the MoJ got parliamentary approval to enact a dedicated Act of Parliament called Mediation Boards Commission Act No 72 of ’88 with a Minister and Secretary and a public enterprise with a Board of five, called the Mediation Boards Commission (MBC). Both MoJ and the MBC report to parliament through COPE. No outside agency- a NGO, private sector, international aid agency etc., could give directions to the MBC. The MBC is the trustee of the People on matters pertaining to two-person mediation. With power comes responsibility.
The Board is responsible for all acts of the mediation function, particularly to safeguard the hard won two-person, mediation function from being debauched. If it does not know what is happening, it is its job to find out ignotatio juris non excusat (ignorance is no excuse). A cardinal principle the board should follow uncompromisingly, is not to look the other way when it becomes aware of wrong doing, in order to safeguard its job. Don’t canvas a human sacrifice! But alas!
Sec 6 of mediation Act defined a mediation board as “Any person may make an application to the chairman of a panel of any mediation board for settlement by mediation of any dispute, arising wholly or partly within the mediation board area of any offence specified in the second schedule of the Act and alleged to be committed within the mediation board area.”
a) A mediation board comes into life for a specific purpose, when a disputant seeks mediation,
b) A mediation is a two-person activity. It is not a mass meeting,
c) Mediation deals with a dispute, an event that takes place in a time or place.
It is not a conflict.
Institution building requires a vision. A Vision is a leitmotif that unites all aspects of an activity. The operational arm of the MoJ-MBC’s initiative for building and operating mediation boards, was the Mediation Board Commission (MBC). The laying down of the Vision is the sole prerogative of the MBC, not to be questioned by non-entitled outsider bodies like an NGO, the private sector, international bodies etc. If there are aid agreements they have to be within the Vision laid by the MBC. The MBC laid the Vision of two-person mediation boards as,
“Arrive at a consensual resolution for a two-person conflict” It is said: therefore it is There are no mediation boards but two- person mediation boards
The recommendation of the MoJ was bizarre but worked. The taste of the pudding is savoured only in its eating. The, about 350 mediation boards- each one having about eight to ten panels, cover the entire island. This breakthrough variant of alternative dispute resolution produced by the MoJ/MBC initiative, has no lawyers- they are prohibited by law- and no politicians- they are vetoed by non-selection by the MBC board. Both decisions gave mediation boards substantial credibility. They meet in camera, assisted by trained volunteer mediators who are from the same community as the disputants, whose participation is approved by both disputants.
These two disputant, in intense democratic discussions, get evolved a consensual settlement. There is a 62% settlement rate.

Their beneficial reach goes deeper and is more comprehensive than Greek democracy which caps at the Polis. Women and slaves had no say in the polis. Mediation, coverage goes to the dyad (two person), the lowest point of the community.
A consensual mediation settlement has further upside benefits, going beyond the immediate dispute that was resolved. The settlement generates ripple benefits like personal reconciliation of the two estranged disputants, widening and strengthening the social and community fabric but most beneficial of all, it has set in train a building of an ideology of CONSENSUS, as an indispensable social virtue for resolving disputes of any kind. It is Consensual Armament. A thousand mile journey has a first step: building of consensus, as a value system has- so far taken about 350 independent dispersed steps.
Mediation’s character is baked into Mediation Boards Act No 72 of 1988. By Sect 6 (1) of the Act, “any person can make an application for settlement by mediation of a dispute.” It is an access to justice mechanism which greens justice at the lowest level of the polity, a two-person dyad. Simultaneously, it serves as a poverty alleviation device. It is cost-free since lawyers are prevented from being present.
The MBC drew a schematic diagram, drawing attention to the fundamental differences between adversarial dispute resolution- the Bentham model and its mediation form, the Rawls Model.
Every element on the right should be present in a consensually settled dispute.
The ambit of the of criminal disputes covered by mediation are as follows:
Voluntary hurt,
Grievous hurt on provocation,
Wrongfully restraining a person,
Assault or using criminal force,
Dishonest misappropriation of property,
Mischief,
Criminal trespass,
House trespass,
Defamation
Painting defamatory material,
Insult to cause breach of peace,
Criminal intimidation.
The MoJ/ MBC initiative was undertaken entirely by locals with, perhaps, a foreigner trace element. In the natural sciences, discovery is about finding what is already there, eg Dirac’s anti-matter, penincillin, dna, emc2 .In the social sciences, discovery is in creating what is not there, building from zero. The Taj Mahal was built marble slice by marble slice, the Sistine chapel daub by daub, a MoJ/MBC jurisprudence in thirty five years and on-going. The new jurisprudence, created by MoJ/MBC, of two-person dispute resolution through Consensus and no judge, is an act of creation, a vindication of Steve Jobs’, Think Different.
Opinion
War with Iran and unravelling of the global order – II
Broader Strategic Consequences
One of the most significant strategic consequences of the war is the accelerated erosion of U.S. political and moral hegemony. This is not a sudden phenomenon precipitated solely by the present conflict; rather, the war has served to illuminate an already evolving global reality—that the era of uncontested U.S. dominance is in decline. The resurgence of Donald Trump and the reassertion of his “America First” doctrine reflect deep-seated domestic economic and political challenges within the United States. These internal pressures have, in turn, shaped a more unilateral and inward-looking foreign policy posture, further constraining Washington’s capacity to exercise global leadership.
Moreover, the conduct of the war has significantly undermined the political and moral authority of the United States. Perceived violations of international humanitarian law, coupled with the selective application of international norms, have weakened the credibility of U.S. advocacy for a “rules-based international order.” Such inconsistencies have reinforced perceptions of double standards, particularly among states in the Global South. Skepticism toward Western normative leadership is expected to deepen, contributing to the gradual fragmentation of the international system. In this broader context, the ongoing crisis can be seen as symptomatic of a more fundamental transformation: the progressive waning of a global order historically anchored in U.S. hegemony and the emergence of a more contested and pluralistic international landscape.
The regional implications of the crisis are likely to be profound, particularly given the centrality of the Persian Gulf to the global political economy. As a critical hub of energy production and maritime trade, instability in this region carries systemic consequences that extend far beyond its immediate geography. Whatever may be the outcome, whether through the decisive weakening of Iran or the inability of external powers to dismantle its leadership and strategic capabilities, the post-conflict regional order will differ markedly from its pre-war configuration. In this evolving context, traditional power hierarchies, alliance structures, and deterrence dynamics are likely to undergo significant recalibration.
A key lesson underscored by the war is the deep interconnectivity of the contemporary global economic order. In an era of highly integrated production networks and supply chains, disruptions in a single strategic node can generate cascading effects across the global system. As such, regional conflicts increasingly assume global significance. The structural realities of globalisation make it difficult to contain economic and strategic shocks within regional boundaries, as impacts rapidly transmit through trade, energy, and financial networks. In this context, peace and stability are no longer purely regional concerns but global public goods, essential to the functioning and resilience of the international system
The conflict highlights the emergence of a new paradigm of warfare shaped by the integration of artificial intelligence, cyber capabilities, and unmanned systems. The extensive use of unmanned combat aerial vehicles (UCAVs)—a trend previously demonstrated in the Russia–Ukraine War—has been further validated in this theatre. However, unlike the Ukraine conflict, where Western powers have provided sustained military, technological, and financial backing, the present confrontation reflects a more direct asymmetry between a dominant global hegemon and a Global South state. Iran’s deployment of drone swarms and AI-enabled targeting systems illustrates that key elements of Fourth Industrial Revolution (4IR) warfare are no longer confined to technologically advanced Western states. These capabilities are increasingly accessible to Global South actors, lowering barriers to entry and significantly enhancing their capacity to wage effective asymmetric warfare. In this evolving context, technological diffusion is reshaping the strategic landscape, challenging traditional military hierarchies and altering the balance between conventional superiority and innovative, cost-effective combat strategies.
The war further exposed and deepened the weakening of global governance institutions, particularly the United Nations. Many of these institutions were established in 1945, reflecting the balance of power and geopolitical realities of the immediate post-Second World War era. However, the profound transformations in the international system since then have rendered aspects of this institutional architecture increasingly outdated and less effective.
The war has underscored the urgent need for comprehensive international governance reforms to ensure that international institutions remain credible, representative, and capable of addressing contemporary security challenges. The perceived ineffectiveness of UN human rights mechanisms in responding to violations of international humanitarian law—particularly in contexts such as the West Bank and the Gaza Strip, and more recently in Iran—has amplified calls for institutional renewal or the development of alternative frameworks for maintaining international peace and security. Moreover, the selective enforcement of international law and the persistent paralysis in conflict resolution mechanisms risk accelerating the fragmentation of global norms. If sustained, this trajectory would signal not merely the weakening but the possible demise of the so-called liberal international order, accelerating the erosion of both the legitimacy and the effective authority of existing multilateral institutions, and deepening the crisis of global governance.
Historically, major wars have often served as harbingers of new eras in international politics, marking painful yet decisive transitions from one order to another. Periods of systemic decline are typically accompanied by instability, uncertainty, and profound disruption; yet, it is through such crises that the contours of an emerging order begin to take shape. The present conflict appears to reflect such a moment of transition, where the strains within the existing global system are becoming increasingly visible.
Notably, key European powers are exhibiting a gradual shift away from exclusive reliance on the U.S. security umbrella, seeking instead a more autonomous and assertive role in global affairs. At the same time, the war is likely to create strategic space for China to expand its influence. As the United States becomes more deeply entangled militarily and politically, China may consolidate its position as a stabilising economic actor and an alternative strategic partner. This could be reflected in intensified energy diplomacy, expanded infrastructure investments, and a more proactive role in regional conflict management, advancing Beijing’s long-term objective of reshaping global governance structures.
However, this transition does not imply a simple replacement of Pax Americana with Pax Sinica. Rather, the emerging global order is likely to be more diffuse, pluralistic, and multilateral in character. In this sense, the ongoing transformation aligns with broader narratives of an “Asian Century,” in which power is redistributed across multiple centers rather than concentrated in a single hegemon. The war, therefore, may ultimately be understood not merely as a geopolitical crisis, but as a defining inflection point in the reconfiguration of the global order.
Conclusion: A New Era on the Horizon
History shows that major wars often signal the birth of new eras—painful, disruptive, yet transformative. The present conflict is no exception. It has exposed the vulnerabilities of the existing world order, challenged U.S. dominance, and revealed the limits of established global governance.
European powers are beginning to chart a more independent course, reducing reliance on the U.S. security umbrella, while China is poised to expand its influence as an economic stabiliser and strategic partner. Through energy diplomacy, infrastructure investments, and active engagement in regional conflicts, Beijing is quietly shaping the contours of a more multipolar world. Yet this is not the rise of Pax Sinica replacing Pax Americana. The emerging order is likely to be multilateral, fluid, and competitive—a world in which multiple powers, old and new, share the stage. The war, in all its turbulence, may therefore mark the dawn of a genuinely new global era, one where uncertainty coexists with opportunity, and where the next chapter of international politics is being written before our eyes.
by Gamini Keerawella
(First part of this article appeared yesterday (08 April)
Opinion
University admission crisis: Academics must lead the way
130,000 students are left out each year—academics hold the key
Each year, Sri Lanka’s G.C.E. Advanced Level examination produces a wave of hope—this year, nearly 175,000 students qualified for university entrance. Yet only 45,000 will be admitted to state universities. That leaves more than 130,000 young people stranded—qualified, ambitious, but excluded. This is not just a statistic; it is a national crisis. And while policymakers debate infrastructure and funding, the country’s academics must step forward as catalysts of change.
Beyond the Numbers: A National Responsibility
Education is the backbone of Sri Lanka’s development. Denying access to tens of thousands of qualified students risks wasting talent, fueling inequality, and undermining national progress. The gap is not simply about seats in lecture halls—it is about the future of a generation. Academics, as custodians of knowledge, cannot remain passive observers. They must reimagine the delivery of higher education to ensure opportunity is not a privilege for the few.
Expanding Pathways, Not Just Campuses
The traditional model of four-year degrees in brick-and-mortar universities cannot absorb the demand. Academics can design short-term diplomas and certificate programmes that provide immediate access to learning. These programmes, focused on employable skills, would allow thousands to continue their education while easing pressure on degree programmes. Equally important is the digital transformation of education. Online and blended learning modules can extend access to rural students, breaking the monopoly of physical campuses. With academic leadership, Sri Lanka can build a reliable system of credit transfers, enabling students to begin their studies at affiliated institutions and later transfer to state universities.
Partnerships That Protect Quality
Private universities and vocational institutes already absorb many students who miss out on state admissions. But concerns about quality and recognition persist. Academics can bridge this divide by providing quality assurance and standardised curricula, supervising joint degree programmes, and expanding the Open University system. These partnerships would ensure that students outside the state system receive affordable, credible, and internationally recognised education.
Research and Advocacy: Shaping Policy
Academics are not only teachers—they are researchers and thought leaders. By conducting labour market studies, they can align higher education expansion with employability. Evidence-based recommendations to the University Grants Commission (UGC) can guide strategic intake increases, regional university expansion, and government investment in digital infrastructure. In this way, academics can ensure reforms are not reactive, but visionary.
Industry Engagement: Learning Beyond the Classroom
Sri Lanka’s universities must become entrepreneurship hubs and innovation labs. Academics can design programmes that connect students directly with industries, offering internship-based learning and applied research opportunities. This approach reduces reliance on classroom capacity while equipping students with practical skills. It also reframes education as a partnership between universities and the economy, rather than a closed system.
Making the Most of What We Have
Even within existing constraints, academics can expand capacity. Training junior lecturers and adjunct faculty, sharing facilities across universities, and building international collaborations for joint programmes and scholarships are practical steps. These measures maximise resources while opening new avenues for students.
A Call to Action
Sri Lanka’s university admission crisis is not just about numbers—it is about fairness, opportunity, and national development. Academics must lead the way in transforming exclusion into empowerment. By expanding pathways, strengthening partnerships, advocating for policy reform, engaging with industry, and optimizing resources, they can ensure that qualified students are not left behind.
“Education for all, not just the fortunate few.”
Dr. Arosh Bandula (Ph.D. Nottingham), Senior Lecturer, Department of Agricultural Economics & Agribusiness, Faculty of Agriculture, University of Ruhuna
by Dr. Arosh Bandula
Opinion
Post-Easter Sri Lanka: Between memory, narrative, and National security
As Sri Lanka approaches the seventh commemoration of the Easter Sunday attacks, the national mood is once again marked by grief, reflection, and an enduring sense of incompleteness. Nearly seven years later, the tragedy continues to cast a long shadow not only over the victims and their families, but over the institutions and narratives that have since emerged.
Commemoration, however, must go beyond ritual. It must be anchored in clarity, accountability, and restraint. What is increasingly evident in the post-Easter landscape is not merely a search for truth, but a contest over how that truth is framed, interpreted, and presented to the public.
In recent times, public discourse has been shaped by book launches, panel discussions, and media interventions that claim to offer new insights into the attacks. While such contributions are not inherently problematic, the manner in which certain narratives are advanced raises legitimate concerns. The selective disclosure of information particularly when it touches on intelligence operations demands careful scrutiny.
Sri Lanka’s legal and institutional framework is clear on the sensitivity of such matters. The Official Secrets Act (No. 32 of 1955) places strict obligations on the handling of information related to national security. Similarly, the Police Ordinance and internal administrative regulations governing intelligence units emphasize confidentiality, chain of command, and the responsible use of information. These are not mere formalities; they exist to safeguard both operational integrity and national interest.
When individual particularly those with prior access to intelligence structures enter the public domain with claims that are not subject to verification, it raises critical questions. Are these disclosures contributing to justice and accountability, or are they inadvertently compromising institutional credibility and future operational capacity?
The challenge lies in distinguishing between constructive transparency and selective exposure.
The Presidential Commission of Inquiry into the Easter Sunday Attacks provided one of the most comprehensive official examinations of the attacks. Its findings highlighted a complex web of failures: lapses in intelligence sharing, breakdowns in inter-agency coordination, and serious deficiencies in political oversight. Importantly, it underscored that the attacks were not the result of a single point of failure, but a systemic collapse across multiple levels of governance.
Yet, despite the existence of such detailed institutional findings, public discourse often gravitates toward simplified narratives. There is a tendency to identify singular “masterminds” or to attribute responsibility in ways that align with prevailing political or ideological positions. While such narratives may be compelling, they risk obscuring the deeper structural issues that enabled the attacks to occur.
Equally significant is the broader socio-political context in which these narratives are unfolding. Sri Lanka today remains a society marked by fragile intercommunal relations. The aftermath of the Easter attacks saw heightened suspicion, polarisation, and, in some instances, collective blame directed at entire communities. Although there have been efforts toward reconciliation, these fault lines have not entirely disappeared.
In this environment, the language and tone of public discourse carry immense weight. The framing of terrorism whether as a localized phenomenon or as part of a broader ideological construct must be handled with precision and responsibility. Overgeneralization or the uncritical use of labels can have far-reaching consequences, including the marginalization of communities and the erosion of social cohesion.
At the same time, it is essential to acknowledge that the global discourse on terrorism is itself contested. Competing narratives, geopolitical interests, and selective historiography often shape how events are interpreted. For Sri Lanka, the challenge is to avoid becoming a passive recipient of external frameworks that may not fully reflect its own realities.
A professional and unbiased approach requires a commitment to evidence-based analysis. This includes:
· Engaging with primary sources, including official reports and judicial findings
·
· Cross-referencing claims with verifiable data
·
· Recognizing the limits of publicly available information, particularly in intelligence matters

It also requires intellectual discipline the willingness to question assumptions, to resist convenient conclusions, and to remain open to complexity.
The role of former officials and subject-matter experts in this discourse is particularly important. Their experience can provide valuable insights, but it also carries a responsibility. Public interventions must be guided by professional ethics, respect for institutional boundaries, and an awareness of the potential impact on national security.
There is a fine balance to be maintained. On one hand, democratic societies require transparency and accountability. On the other, the premature or uncontextualized release of sensitive information can undermine the very systems that are meant to protect the public.
As Sri Lanka reflects on the events of April 2019, it must resist the temptation to reduce a national tragedy into competing narratives or political instruments. The pursuit of truth must be methodical, inclusive, and grounded in law.
Easter is not only a moment of remembrance. It is a test of institutional maturity and societal resilience.
The real question is not whether new narratives will emerge they inevitably will. The question is whether Sri Lanka has the capacity to engage with them critically, responsibly, and in a manner that strengthens, rather than weakens, the foundations of its national security and social harmony.
In the end, justice is not served by noise or conjecture. It is served by patience, rigor, and an unwavering commitment to truth.
Mahil Dole is a former senior law enforcement officer and national security analyst, with over four decades of experience in policing and intelligence, including serving as Head of Counter-Intelligence at the State Intelligence Service of Sri Lanka and a graduate of the Asia Pacific Center for Security Studies in Hawai, USA.
by Mahil Dole
Former Senior Law Enforcement Officer National Security Analyst; Former Head of Counter-Intelligence, State Intelligence Service)
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