Mediation in Bhutan represents a deeply embedded justice tradition that transcends procedural convenience and reflects the nationโs civilizational values, constitutional commitments, and development philosophy. The Annual Court-Annexed Mediation and National Mediation Report 2025 indicate that mediation continues to function as a central pillar of Bhutanโs justice delivery system, harmonizing formal adjudication with dialogue, reconciliation, and social cohesion. This analysis examines the empirical findings of the 2025 reports, and it situates mediation within Bhutanโs broader legal, institutional, and societal framework, with a view to assessing its effectiveness, challenges, and future potential.
Bhutanโs mediation system is distinguished by its multi-layered institutional architecture. Mediation is not confined to court-annexed mechanisms alone. Still, it operates across a nationwide ecosystem that includes the High Court, Dzongkhag and Drungkhag Courts, community mediation in all 205 Gewogs, mediation services provided by Thromdes and Dzongkhag Thromde Ngotshabs, facilitation by the Royal Bhutan Police and the Armed Forces Court of Justice, Department of Labour, and professional mediation by private law firms and paralegals. This comprehensive structure reflects a national understanding that justice must be accessible, decentralized, and responsive to diverse social contexts. The Bhutan National Legal Institute (BNLI) has played a central role in ensuring coherence, ethical consistency, and professional standards across this diverse mediation landscape through uniform training.
From a quantitative perspective, mediation continues to make a substantial contribution to the justice system. In 2025, Court-Annexed Mediation services resolved 1,604 disputes across the High Court, Dzongkhag Courts, and Drungkhag Courts. Within an overall national caseload of 9,090 cases, mediation accounted for approximately 17.64 percent of all disputes resolved. While this figure reflects a decline compared to 2024, the reduction should not be interpreted simplistically as a diminution of mediationโs relevance. Instead, it likely reflects a combination of improved early-stage dispute resolution, greater reliance on community mediation, changing dispute patterns, and increased pre-litigation settlements. In this context, mediation remains a critical mechanism for reducing court congestion and promoting timely justice.
At the High Court level, mediation continues to play a modest but symbolically significant role. The successful settlement of cases at the Reldri Bench underscores the acceptance of mediation even at the apex levels of adjudication. Although the volume of cases remains limited, the use of mediation at this level reinforces its legitimacy as a serious and effective dispute-resolution mechanism capable of addressing complex legal disputes without prolonged litigation.
Dzongkhag Courts remain the primary institutional drivers of Court-Annexed Mediation. In 2025, these courts resolved 1,390 disputes through mediation across 20 Dzongkhags. Dzongkhags such as Thimphu, Paro, Monggar, Wangdue Phodrang, and Samtse recorded particularly high numbers of mediated cases, reflecting both population concentration and strong institutional utilization of mediation services. These courts demonstrate how mediation has become an integral part of routine judicial practice rather than a peripheral alternative.
At the Drungkhag level, 212 disputes were resolved through mediation in 2025. While this represents a decline from the previous year, the data reveal important variations among individual Drungkhag Courts. Some sub-district courts demonstrated improved performance, suggesting that local leadership, mediator capacity, and community engagement play decisive roles in determining mediation outcomes. The continued relevance of mediation at this level is particularly significant for enhancing access to justice in remote and rural areas.
An examination of the nature of disputes resolved through mediation reveals consistent and meaningful patterns. Matrimonial and family-related disputes constitute the largest category of mediated cases, accounting for nearly seventy percent of disputes resolved through Court-Annexed Mediation at the Dzongkhag level. This dominance highlights mediationโs critical role as Bhutanโs primary mechanism for family justice. By facilitating consensual solutions in sensitive matters such as divorce, maintenance, child custody, and inheritance, mediation preserves dignity, reduces emotional harm, and safeguards long-term relationships. The prominence of financial, business, and contractual disputes further demonstrates mediationโs growing relevance in Bhutanโs evolving economic landscape, while land, water, access, and community disputes illustrate its adaptability to diverse legal and social issues.ย ย
Community mediation represents the moral and social foundation of Bhutanโs mediation system. In 2025, mediation services were implemented across all 205 Gewogs, resulting in the successful resolution of 3,510 disputes from 4,101 registered cases. This national mediation success rate of approximately 85 percent is a remarkable achievement by any comparative standard. Community mediation operationalizes Bhutanโs commitment to decentralization, restorative justice, and social harmony by resolving disputes at the lowest appropriate level. Mediators drawn from local leadership structures bring contextual knowledge, cultural sensitivity, and moral authority to the process, enabling solutions that are both sustainable and socially accepted. Beyond dispute resolution, community mediation serves an important educational function by enhancing legal awareness, fostering dialogue, and strengthening civic responsibility.
Complementing community mediation, the mediation services provided by the Royal Bhutan Police and the Armed Forces Court of Justice to the members of the armed forces further expand the reach of mediation within Bhutanโs justice framework. In particular, mediation conducted under the Domestic Violence Prevention Act reflects a careful balance between legal accountability and restorative outcomes. The selective and victim-centred use of mediation in appropriate cases contributes to family preservation while maintaining legal safeguards. Similarly, the mediation of disputes within the armed forces demonstrates the applicability of consensual dispute resolution even within disciplined institutional environments.
The role of private law firms and paralegals in mediation is also increasingly significant. In 2025, these professionals mediated 986 of 1015 cases, reflecting the gradual professionalization and diversification of mediation services. Their participation enhances access to justice, particularly for commercial and contractual disputes, while reinforcing the legal enforceability and procedural integrity of mediated settlements. This development signals an essential evolution in Bhutanโs alternative dispute resolution ecosystem.
Notwithstanding these achievements, the 2025 data also reveal emerging challenges that merit strategic attention. The overall decline in mediated cases compared to the previous year warrants careful analysis to distinguish positive structural shifts from potential under-utilization. Variations in mediation performance across Dzongkhags, Drungkhags, and Gewogs indicate the need for more consistent capacity-building, training, and institutional support. Furthermore, as disputes become increasingly complex due to urbanization, economic diversification, and social change, mediation frameworks must evolve to address multi-party, commercial, and technically sophisticated conflicts.
Looking ahead, the future strength of mediation in Bhutan will depend on sustained institutional investment and innovation. Advanced mediator training, enhanced public awareness, digital mediation platforms, and stronger integration between court-annexed and community mediation systems will be critical. Equally important is the continued use of empirical data to assess outcomes, identify gaps, and inform policy reforms. Under the stewardship of Her Royal Highness Princess Sonam Dechan Wangchuck, the Honourable President of the Bhutan National Legal Institute, traditional mediation is well-positioned to evolve from an alternative mechanism into a first-line justice response.
In conclusion, the Annual Court-Annexed Mediation and National Mediation Report 2025 presents compelling evidence that mediation in Bhutan is not merely effective but transformative. Rooted in Bhutanese values and reinforced by institutional rigour, mediation embodies a justice philosophy that prioritizes harmony over hostility and resolution over retribution. As Bhutan continues its journey toward inclusive, people-centered governance, mediation stands as one of the nationโs most profound and enduring contributions to contemporary justice practice.