20 October 2021
On 11 October 2021, the Myanmar State Administration Council issued an amendment to the Code of Civil Procedure (“CPC”) which introduces mediation as an avenue for dispute resolution in civil disputes.
The CPC has been amended to allow courts to refer the following cases to mediation:
- Cases prescribed for mediation by any law or notification issued by the Supreme Court; and
- Cases which are voluntarily referred to mediation by the parties.
The CPC defines mediation to be a dispute resolution process involving a mediator assigned by the court who facilitates the parties to reach a mutually agreeable solution.
Mediation proceedings will be confidential, with the CPC providing that communications, statements and admissions made during mediation will not be admissible in any subsequent hearing in the same suit or in any other proceedings.
Where parties to mediation reach an agreement, the parties are to apply to court to verify the agreement. The court shall thereafter pass an order or a decree to do so, in accordance with the relevant provisions of the CPC.