Mediation is often the key to solving disputes, not only in Family Court but especially for the civil and commercial camp, said Judge Robert Mangion – who has been assigned to preside over the Family Court – while addressing his first sitting.

Referring to the address Judge Jacqueline Padovani Grima made on Tuesday, during her first sitting, Dr Mangion pointed out that last year, 22,000 new court cases were filed and a total of 21,600 were decided. He questioned the need for so many cases for a population of 400,000 people. The 22,000 cases represent a much higher number of people since each case often involves more than two people.

Last year, Dr Mangion decided to specialise in mediation especially because he wanted to contribute to the civil and commercial camps so he suggested ways of how this can be done.

Two years ago, the Italian Parliament passed a law making it a must for the parties to go through a process of mediation that does not take more than four months, before they can file a civil or commercial case. Several incentives, including fiscal ones, were given. In cases were mediation led to an agreement, the subjects enjoyed a tax credit.

A recent report shows that between March and December last year, 60,800 mediation requests were filed, mostly under the mandatory mediation system, and 52% of the cases in which both parties attended, were resolved without the need of opening a case.

Mr Justice Mangion explained that from experience, cases are often filed in the heat of the moment when it is difficult for anyone to use common sense. While the tension subsides by time, people find it difficult to withdraw a case, so as not to appear weak.

Such situations are ideal for the involvement of the “third party neutral” – a third person who would have the necessary training to facilitate communication and assist parties in exploring several options that are acceptable to them.

The main benefit of mediation is that the parties, together with their lawyers, would be able to decide their own outcome.

He further noted that retired judges can act as mediators since their vast experience makes them ideal. Meanwhile, Dr Mangion urged lawyers of all ages to consider mediation as a camp in which they can specialise and contribute to alternative ways of resolving issues.

Moreover, he believes that the Maltese Mediation Centre ought to organise intensive training courses spread over a number of months rather than years, as is the case at the University of Malta.

He also suggested ways to increase efficiency, and not have cases stagnant due to court marshals not having been able to notify one or both of the parties, of the hearing.

Mr Justice Mangion expressed reservations on the publication of certain cases (especially ones related to the Family Court) on the website since, despite having names removed, identification of the parties through case details is possible.

A synopsis rather than the full sentence, should suffice, he feels.

He added that another time- wasting procedure which leads to work of inferior quality is the recording of testimony by writing. In addition, he would like the faculty of affidavits to be better used and to truly reflect what witnesses know.

He said that the security system in courts needs to improve.

Finally, he promised his utmost, to protect minors and when possible, have the modality of access, care and custody of children decided in agreement between the parties so that the children enjoy tranquility through agreement. His appointment to judge is for him a means of being of service to those who seek the Courts of Justice.

Reuben Balzan, President of the Chamber of Advocates extended warm wishes to the new judge, who served in his position a few years back, saying his new role requires a great deal of patience and humanity.

Referring to last week’s attempted murder before a magistrate in a court room, Dr Balzan said that it is clear that there needs to be police officers who will be able to intervene when necessary and who will also serve as a deterrent.

The regular bomb threats are a waste of time but a new planned system to deal with such threats would reduce the number of times the court needs to be evacuated.

Discussing a Times of Malta story describing the legal aid system to be “in shambles”, Dr Balzan said some of the information in the article was totally wrong. However, payments for lawyers acting as legal aid were very low and the conditions are bad, so the system does need to be changed.

While many lawyers offer their services for free to people not in a position to pay, it is the state’s obligation to see that everyone is getting his right of access to justice.

He also believes that it is the time for lawyers to have access to the full process of a case online, and thinks it ridiculous that for lawyers to file an Act in Gozo, they would need to do it physically. This is something that can easily be done online.