Gross National Happiness and the Heavenly Stream of Justice: Modernization and Dispute Resolution in the Kingdom of Bhutan

Simoni, Alessandro; Whitecross, Richard W.

doi:10.1093/ajcl/55.1.165

Cited by 7 publications

(1 citation statement)

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“…In 2007, Simoni and Whitecross observed that "mediation by local officials or 'respected persons' (before any recourse to the state courts) is the rule in Bhutan." 27 In 2011, this continues to be the case, with the formal and more adversarial nature of the court system inherently conflicting with Buddhist principles of compromise, social harmony and the preservation of relationships. There is a stigma to formal litigation in Bhutan, driven in part by the collectivist culture of the country.…”

Section: The Current Practice Of Mediation In Bhutanmentioning

confidence: 99%

Nangkha Nangdrik in the Land of the Thunder Dragon: Psychology, Religion and the Potential of Mediation in the Kingdom of Bhutan

Duffy

2012

Asian J. Comp. Law

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This article will consider the role that Alternative Dispute Resolution (‘Dham Kha Chen Ki Khendum’ or ‘Nangkha Nangdrik’) currently plays in resolving legal conflict in Bhutan. With a Constitution that has committed to the pursuit of Gross National Happiness, non-adversarial dispute resolution processes that promote continuing relationships and goodwill assume greater importance. One difficulty for Bhutan is that alternative dispute resolution procedures such as mediation (Dhum Drik) are being referred to in enactments of the Bhutanese National Council and National Assembly (bicameral parliament), without a shared understanding as to the characteristics and functionality of these procedures. This article will focus particularly on the current practice of mediation in Bhutan and investigate whether particular models of mediation are more suited to the Bhutanese context, given the particularities of Bhutanese culture, the search for gross national Buddhism.

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Section: The Current Practice Of Mediation In Bhutanmentioning

confidence: 99%

Nangkha Nangdrik in the Land of the Thunder Dragon: Psychology, Religion and the Potential of Mediation in the Kingdom of Bhutan

Duffy

2012

Asian J. Comp. Law

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Donor-Assisted Ethno-nationalism and Education Policy in Bhutan

Schmidt

2017

Development Challenges in Bhutan

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