A white paper on mediation, practice that seeks to settle disputes outside of court in a less costly and more efficient manner, has been launched this morning by Justice Minister Owen Bonnici.
Minister Bonnici explained that apart from allowing disputes to be settled outside of courts, mediation procedure will allow for points of agreement and disagreement to be formally identified. In this way, once the dispute is brought before the courts, it is the points of disagreement which are directly dealt with – providing for a more efficient judicial process.
The mediation act was initially introduced by previous administrations in 2004, and experienced a 50 per cent success rate in the family courts. Dr Bonnici said that if even a lesser success rate is managed, this would still be a leap forward, in view of the government's mission to speed up cases brought before the courts.
In a copy of the White Paper that was provided to members of the press, it said that:
"The first assignment for this new legislation shall be a pilot project to regulate disputes in leases. The methodology for the application of the mediation route in such cases has been set up, and this shall provide parties in dispute with a pre-emptive alternative to the Rent Regulation Board, which would previously have been the point of immediate recourse."
"A mediator shall be appointed within 15 days, who shall make every effort to resolve the mediation process: 60 days at maximum."
The White Paper also states that proposed amendments to the current mediation act would allow for "the provision of legal aid to the parties if this is requested during the mediation process."
Dr Mark Attard Montalto, Chairperson of the Mediation Centre, stressed that amendments to the current law would also allow for an 'opt out' clause in procedures that come before the Rent Regulation Board. This would allow for individuals with a dispute to opt-out from mediation and have their case tried in court.
Another amendment relates to the provision of video conference during mediation sessions, allowing for lawyers to assist individuals during a session.
Dr Bonnici invited all relevant stakeholders to give their feedback on the proposed amendments. He said that the amendments to the law could bring about "a change in mentality and culture, while providing speedy justice to a wider range of people. Mediation in the family courts was a success, we are therefore building on this."
He said that the reforms being proposed are clear and practical, and allow for citizens to have a wider variety of tools at their disposal for conflict resolution.
Practitioners and the general public are invited to send feedback on info@mediationmalta.org.mt until 30 September 2016 at noon.
from The Malta Independent http://ift.tt/2bNN9jh
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