Browsing by Author "Gamage, T"

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Open Access
The Case for Therapeutic Justice by Integrating the Practice of Private Mediation in Sri Lanka Throughout the Life Cycle of a Case
(Faculty of Humanities and Sciences, SLIIT, 2024-12-04) Gamage, T
The concept of Therapeutic Justice focuses on the law’s impact on the emotional and psychological well-being of the people, thus calls for therapeutic methods of resolving disputes against the negative effects of an adversarial setting. Eleven (11) cases litigated in Sri Lanka during the years 2021 to 2023 form the basis of an interpretive case research in a naturalistic setting that captures the complex emotional and psycho-social impact of the adversarial methods of dispute resolution on the disputants. Despite most such cases having achieved a so-called ‘out of court settlement’ through the collaboration of lawyers, the interactions between the disputants during the post litigation phase reveal persistent lack of confidence and distrust between the disputants as well as lack of therapeutic impact of ‘out of court settlements. Contextualised data was collected through observations and interviews of the participants in the court and from interactions with the lawyers. Using a thematic analysis, patterns emerged from the qualitative date directed towards the negligible therapeutic impact of ‘out of court settlements’ on the disputants and the potential use of private mediation as a therapeutic method of resolving disputes. The findings assume that Therapeutic Justice and mediation closely share attributes such as not only resolving underlying issues in a less-adversarial set-up but more importantly managing emotions, empowering’ litigants to actively participate in rehabilitating relationships, to achieve outcomes that benefit all parties through mediation. The findings highlight the need to adopt and experiment private mediation in Sri Lanka through court referrals throughout the life cycle of a case and of the corresponding need to set up a vibrant mediation culture.
Open Access
Coupling Therapeutic Justice with Professional Mediation for Settlement of Disputes in Sri Lanka.
(Faculty of Humanities and Sciences, SLIIT, 2024-06-10) Gamage, T
The concept of Therapeutic Justice examines how the legal processes and the behaviour of justice sector actors have a psychological impact on the people. The adversarial judicial system invariably calls for exercise of authority, vigorous advocacy for the vindication of rights and proceeds to jjudgment without understanding the disputants’ perceptions or emotions. This paper argues for conceptualising Therapeutic Justice into mediation as the latter recognizes the human element in conflict and the two schools of thought share similar attributes such as party autonomy and procedural fairness. The Study reviews the evidence from Eleven (11) civil cases litigated in Sri Lanka with its focus on anti-therapeutic impact on the disputants during the pre-litigation, litigation and post litigation stages of each case during the years 2021 to 2023 resulting from partaking in adversarial processes. The findings highlight the need to experiment and adopt private or professional mediation within the legal framework for Alternative Dispute Resolution (ADR) through the lens of therapeutic justice as part of judicial reforms in Sri Lanka and of the corresponding need to set up an independent and vibrant professional culture of mediation.
Open Access
Gross domestic product and logistics performance index drive the world trade: A study based on all continents
(Public Library of Science, 2021-03-03) Jayathilaka, R; Jayawardhana, C; Embogama, N; Jayasooriya, S; Karunarathna, N; Gamage, T; Kuruppu, N
The purpose of this study was to examine the impact of Gross Domestic Product (GDP) and Logistics Performance Index (LPI) on international trade of nations across each continent and worldwide. Secondary data collected on 142 countries—37 Asian, 41 European, 41 African, 3 Oceania, 14 Middle East, 11 North American and 9 South American–were analysed across the years 2007, 2010, 2012, 2014, 2016, and 2018. Panel regression technique was applied and the random effect (RE) model was chosen based on the results of the Hausman tests and Breusch–Pagan Lagrange Multiplier test. The findings revealed that the LPI has a positive relationship with net exports globally and specifically within the continents of Asia, Europe, and Oceania. Moreover, while the GDP appears to have a significant negative impact on net exports, specifically within Asia, in contrast, countries in Oceania and the Middle East present a positive relationship. Also on the African continent, GDP has a significant negative impact on the net exports. Findings provide a holistic picture of the impact of LPI & GDP on net exports, which will assist governments in the formulation and revision of its strategies and policies to expedite the growth of exports and in turn, the economy. This study was the first of its kind to explore the impact of GDP and LPI on international trade of nations across worldwide.
Embargo
Smart Irrigation System for Domestic Homes
(IEEE, 2022-09-05) Rajapaksha, I; Gamage, T; Eranga, I; Dharmasena, A; Gamage, K
This research presents the designing of a smart irrigation system to automatically supply water and fertilizer to different plants depending on each plant ’s individual requirement and the integration of this smart irrigation system to a domestic home. The microcontroller was programmed to operate under two modes. Fully automated and semi-automated. These two modes give all the monitoring information to the user in real-time, while fully automated mode provides water and fertilizer to the plants calculating optimum conditions with minimum human interaction. Microcontroller was programmed to (1) analyze and process the received input data from soil moisture sensors, humidity and temperature sensors, (2) check the activated mode and other user settings, and (3) control the valves to water or fertilize the plants accordingly. Microcontroller and the IoT device maintain communication to receive or send data to the user through internet. A web interface was developed to display sensor data and with a control interface for the user. The user can connect to the system through Wi-Fi to access the web interface. By using the controls, soil moisture, temperature and humidity thresholds can be changed, and watering or fertilization systems can be activated. For data analysis and flowrate simulations, ‘SolidWorks’ was used. Using the same software, the enclosures and other hardware components needed to store the microcontroller, the Wi-Fi module, the power supply, and connector array of sensors were designed, 3D printed, and the complete system was assembled and tested.
Open Access
The Rights of Cohabitants in the United Kingdom: A Comparative Analysis of Legal Protections for Spouses and Civil Partners
(School of Law, Faculty of Humanities and Sciences, 2025-10-10) Gamage, T
Despite the emerging trend of cohabitation, cohabitants enjoy a limited array of rights when compared to the position of spouses and civil partners in the United Kingdom (UK). This research is centred to addresses the disparity in legal protections between cohabitants, spouses, and civil partners by examining how current laws fail to provide equitable rights for cohabitants compared to those in formalized relationships in the UK. The methodology follows library-based desk research by accommodating comparative legal analysis enriched with in-depth examination of existing UK laws related to cohabitants, spouses, and civil partners, in identifying key legal disparities. This article delves in to the loopholes in the reforms introduced to restructure the laws on the rights of cohabitants mainly for not attaining the implementation stage. The analysis of the other jurisdictions including Scotland, Australia, New Zealand, Spain, Germany, France, and Northern Ireland evidenced cohabitants enjoying the rights equivalent to spouses and civil partners. In placing cohabitants in the legal arena as spouses and civil partners, this paper recommends the introduction of a Hybrid scheme, a combination of opt-in and opt-out schemes followed in the said urisdictions. This scheme will entail proper provisions in the regard of a series of rights that cohabitants were distanced from the present legal system of the United Kingdom.