The Registrar of the Malta Mediation Centre Romuald Attard said that Malta must introduce mandatory mediation as a first step in civil cases before parties are allowed to proceed to Court.

He said that this cultural shift is essential to reduce Court backlogs, cut legal costs, and promote amicable solutions.

"It is in the Maltese culture to go straight to litigation. From my experience, many lawyers - though not all - rarely promote mediation, often for understandable reasons." Attard told The Malta Independent on Sunday.

"As a start, there has to be some sort of compulsory mediation, so that people will understand its benefits," Attard said.

A culture of litigation

The Malta Mediation Centre was set up to promote alternative dispute resolution as a faster, more affordable, and less adversarial way to settle disputes.

Yet in practice, most Maltese citizens still turn to the Courts before considering mediation.

Attard, who has led the centre for the past seven years, believes the time has come for a cultural and legal shift: mandatory mediation should be the first step in all civil cases.

"Mediation is very much less expensive and faster than spending years in Court. The parties themselves conduct the process, deciding on the time and place, as opposed to having it dictated by the Court," he said.

He added that mediation is confidential, unlike Court hearings, which are public, and helps preserve relationships.

"In mediation, parties often remain friendly and parties can talk it out, whereas in litigation they are divided, even physically, on opposite sides of the Court room. If there is goodwill, mediation works. Without it, however, it is useless," Attard said.

He said that goodwill is essential, and if parties go to mediation with no intention of finding a compromise, mediation is useless.

"In such cases, the mediator can terminate the process," Attard said.

Currently, the centre handles civil, commercial, industrial, and certain family disputes such as inheritance and family business cases.

Attard clarified that divorce, separation, and custody remain under the competence of the family Court.

Few opt for mediation voluntarily

Attard said that there are three routes into mediation: voluntary, Court-referred (compulsory) or through a contractual clause.

He said that the centre actively encourages Maltese notaries to include mediation clauses in contracts, especially in commercial agreements.

However, voluntary uptake remains extremely low, Attard said.

"Those who come on their own accord can be counted on one hand. It is the culture," Attard said.

"Most requests we receive are from foreigners living in Malta, because abroad the mentality is different. Litigation is far more expensive, so mediation is the first thought, not the last," Attard said.

He pointed to separation and divorce mediation as an example of how attitudes can change over time.

Although it was initially met with resistance, it is now regarded as a success, Attard said, noting that today more than 70% of amicable separations (separazzjoni bonarja) are approved by the Court. He said that change only came because it was made mandatory as a first step.

Attard said that introducing the same principle in civil cases would gradually change mentalities.

"When we talk about compulsory mediation, it must still allow for an opt-out system. People can disagree, but at least, before rushing to Court, they should try to mediate," he said.

"Even if both parties do not agree, at least they would have tried to reach a solution before turning to the Courts," Attard said.

Building trust and awareness

Asked whether the Maltese public trusts mediation, Attard said that many people are still unaware of it.

"Probably seven out of the 10 people I meet say they did not even know about mediation. We have distributed leaflets and appeared on programmes, but in practice people still do not think of mediation first," Attard said.

He welcomed recent initiatives from the Chamber of Advocates, which set up a subcommittee to promote mediation among lawyers, after requesting a meeting with the chairman and the registrar expressing their wish to promote and coordinate mediation.

The subcommittee encourages more lawyers to advise mediation as an alternative to Court proceedings as a first step.

"We were very pleased, because although there was resistance, now even young lawyers are learning more about mediation during their studies. It is an important step forward," Attard said.

Attard said that the centre handles disputes over family inheritance, and family business mediation is an emerging priority.

"There are families who end up in dispute about their businesses and go to litigation. We are promoting mediation in this area and even working with the University of Malta to launch a specialised course on family businesses, because there is the need," he said.

He said that the judiciary, too, also advises parties to attempt mediation first, but according to Attard, cultural resistance remains the main obstacle.

Attard said that the mentality is still a barrier, as many Maltese people refuse to compromise, insisting, "I think I am right, therefore I must win."

"Even neighbours arguing over parking sometimes prefer to fight rather than find a compromise," Attard said.

Attard said he believes that younger generations are more inclined to seek compromise.

"Life moves too fast for them to waste years in litigation. They want to resolve disputes and move on. Older generations, by contrast, often hold grudges and see disputes as battles to be won," he said.

Mandatory mediation for councils and government

Attard said that the government has already drafted legislation requiring mandatory mediation in disputes between local councils and government departments, entities or contractors.

"The bill, which is with the Justice Minister, will be taken to Cabinet and should be legislated before the next election. That will be an important step forward," Attard said.

"When a dispute arises between a local council and a government body or contractor, mediation will be mandatory, with an opt-out if no solution is found," Attard said.

He said that mediation is distinct from arbitration, as in arbitration, the arbiter acts like a judge and the decision is final, resting with the arbiter.

"In mediation, the mediator does not decide but helps the parties find and reach an amicable solution," Attard said.

Attard said that mediation is not only quicker but also far cheaper than Court litigation.

"The costs are minimal: a €50 registration fee and a €50 mediator fee, compared to thousands of euros in Court," Attard said.

He added that parties may choose their own experts for advice, unlike in Court where experts are appointed.

He said that legal aid is also available for vulnerable parties, and another advantage is that people can come without a lawyer, and both parties can mutually agree on the mediator.

Attard mentioned a project that the Justice Ministry is undertaking with the Organisation for Economic Co-operation and Development (OECD) to start embracing a people-centred approach to justice in Malta, after successfully applying and securing funds for a three-year project.

A Working Group for mediation has also been set up, comprising of the director for Justice Initiatives and Reforms, the chairperson and the registrar of the Malta Mediation Centre, together with representatives from the Judiciary and the Chamber of Advocates, he said.

The group will work on evaluating the current state of mediation practices in Malta, identify challenges and opportunities for improving mediation services, explore collaborative approaches to promote mediation as an effective dispute resolution mechanism, and discuss potential policy and legislative recommendations and initiatives to strengthen the role of mediation.

Attard said that the OECD, in collaboration with the Justice Ministry, is conducting the multi-country project, titled, Enhancing access to justice through people-centred justice, funded by the European Commission.

He said that the project's main objective is to design and deliver justice policies and services including governance arrangements, highlighting people-centred justice and access to justice in four countries: Ireland, Italy, Malta and the Netherlands.

Attard said that with this goal in mind, the OECD will provide technical support to Malta to inform its ongoing reforms and strengthen the emphasis on delivering people-centred justice.

The project was launched by Minister Jonathan Attard together with the director general for Structural Reform Support (DG Reform) in September 2024.

Looking ahead

Attard said that Malta currently has 55 accredited mediators, all of whom must complete a Master's in mediation or an equivalent qualification approved by the centre's Board.

Attard said that while the Ministry of Justice supports the centre, mediation is still often treated as secondary to the Courts.

He said that mediation is not suitable for criminal cases but should be compulsory in civil matters.

"In principle, everyone agrees with mediation, but in practice, most still resist. That is why it has to become mandatory, as the first step," he said.

Attard believes mediation can play a much broader role in Malta's social fabric, easing community tensions, workplace conflicts, and even disputes involving unions and institutions.

"Definitely, mediation could help in all these areas, but it's not given enough importance. Many mediations are held privately, but because they don't go through the Centre, they are not captured statistically. At EU level, Malta is seen as 'nearly negligent' in mediation, which is misleading," Attard said, adding that the centre is currently compiling the necessary data.

Attard said that he would like to see reforms expand mediation to areas such as condominium disputes, which are currently handled through arbitration.

Looking ahead, Attard noted that Malta's greatest need is clear: as in other countries, mandatory mediation should be introduced as the first step in all civil cases.

"That changes mentalities and reduces the number of Court cases. For Malta to evolve, that is the direction we must take," Attard said.