The Malta Independent 20 April 2024, Saturday
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Mediation Act To be discussed in parliament

Malta Independent Wednesday, 29 September 2004, 00:00 Last update: about 11 years ago

Dr Mifsud Bonnici said this during a press conference to announce the launching of a bill of law – The Mediation Act – at the Auberge D’ Aragon yesterday.

He said: “The Mediation Centre, along with the Arbitration Centre, which we are also pushing forward, will provide a new legal mechanism for disputing parties to reach agreement.”

He said that in mediation, both parties actively participate and try to reach agreement among themselves.

He said that this was different from court practice where parties were represented by lawyers and a judge would then give a final decision.

Dr Mifsud Bonnici said that although the number of civil court cases has contracted, there were still far more than one can find acceptable for such a small country.

Dr Mifsud Bonnici said that the amount of pending cases showed that there was a need for new solutions to continue to get rid of the backlog of cases.

“There will also be the facility to switch to mediation if one has been stuck in court for years. Just increasing the complement of judges and magistrates is not enough. We need to find new solutions,” he said.

He said that if Malta did not implement new solutions, the public would just keep getting frustrated at having to run to and from court, resulting in wasted time and money.

Dr Mifsud Bonnici said: “The reality is that an issue which can be sorted out in a matter of hours ends up dragging on for years.”

He said that there was also a need for both lawyers and their clients to recognise mediation as a useful tool that can yield good results, without relying on the law courts for everything.

“The focal point of a mediation session is that a third party, who is specially trained, will meet both parties and try to guide them to agreement,” he said.

He described mediation as a modern form of brokerage, while at the same time an independent party would “try to make hard-headed people reach a compromise”.

Dr Mifsud Bonnici pointed out that mediation would also result in people saving money. “Sometimes people win a case, but in reality, they have spent so much money that it does not even seem like a victory. Mediation takes a lot less time and the expenses are also less,” he said.

He also mentioned practical examples of the businessman’s philosophy – time means money, meaning that entrepreneurs lose money and business while they are not working.

“You also have to bear in mind the publicity aspect. Mediation is held behind closed doors, unlike court which is open,” he said.

Dr Mifsud Bonnici continued: “Although mediation is quite a new thing, we are not trying to re-invent the wheel. We are one of the only countries in the world that does not give importance to mediation and that has to change,” he said.

Dr Mifsud Bonnici said he hoped to find consensus in parliament to push the idea forward. “Once it is through parliament we will really get the ball rolling. We have already earmarked the Arbitration Centre as the place where we will house the Mediation Centre,” he said.

He also explained that even if mediation did break down, at least both parties could go to court and say: “We have agreed on this, this and this, but this is the bone of contention.” This, he said, would allow the court to focus on one particular court and this would also save a lot of time.

“It will take a few years to feel the benefit of the Mediation Centre,

but I am sure that it will work,” concluded Dr Mifsud Bonnici.

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