Author Affiliation: Lecturer, Queensland University of Technology Law School, Australia
關鍵詞
Bhutan; mediation; buddhism; Gross National Happiness; happiness; psychology
摘要
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.
目次
Abstract Keywords Author Notes 1. INTRODUCTION AND CONTEXT 1 II. THE CURRENT PRACTICE OF MEDIATION IN BHUTAN 6 III. PROBLEMS/CHALLENGES WITH THE CURRENT PRACTICE OF MEDIATION IN BHUTAN 8 IV. GROSS NATIONAL HAPPINESS 17 V. THERAPEUTIC JURISPRUDENCE 19 VI. HAPPINESS PSYCHOLOGY 19 VII. THE BUDDHIST OVERLAY 24 VIII. CONCLUSION 26
