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CMT presentation

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CMT presentation

  1. 1.  Mediation -> Process court requires parties to try and settle disputes pending before trial. -> Form of ADR (Alternative Dispute Resolution) as a court accredited mediation. -> An accessory of courts adjudication function
  2. 2.  Court mediation -> Introduced 16th April 2014 -> By High Court. -> Coming into operation of high court rules.  Period May – June 2014 -> 103 court accredited mediators trained.
  3. 3. An important element of a properly functioning court is the existence of diversionary strategies that will ease the burden on the adjudication function of the court. ADR is such a strategy and was born from the indisputable reality that the court system will become dysfunctional and will ultimately collapse if the undoubted pressure on courts is not eased.
  4. 4.  Through CMT parties will reach an agreement through negotiations .  Parties will no longer engage purely in adversarial manner .
  5. 5.  Namibia is new to this mediation process by the High Court.  Useful in future -> Creates opportunity to litigants to reduce litigation costs in a controlled environment. -> Frees up judicial time in our Namibian judicial system to hear maters that have friendly resolutions.
  6. 6.  There is a need to establish a legal precedent in court e.g. A party wants an interpretation of the constitution.  One or more parties may not be attempting mediation in good faith.  One or more party may want to draw public attention to the dispute.
  7. 7.  Should understand that a new process is in place, that it holds costs savings benefits, and that it requires of them to engage constructively towards settlement.
  8. 8.  The legal profession needs to understand how mediation works, what their role in the process is when they represent parties, and for those who are interested, how to qualify as mediators.
  9. 9.  One or more mediation service providers in Namibia that can assist with the administration of the mediation process (it is unrealistic to expect the Registrar’s Office to also engage in this administration)  There must be contractual responsibility to court to deliver mediation service.
  10. 10.  Mediator must take cultural differences between parties into consideration  Mediation can take place anywhere in the world as its not based on legal premises but on communication. Example, Arabic culture
  11. 11. TUNISIA  Won the Noble Peace Prize for role as mediator and force for democracy  Paved a way for a peaceful dialogue amongst citizens, political parties and authorities.  Assured that a fair implementation of Tunisian mediation was implemented, referring to the Noble Peace Prize official source
  12. 12.  Mater referred to managing judge who instructs parties to follow procedure in given time frame.  Trial date set by managing judge.  Trial dates assigned must be adhered to ( court practices strict non-adjournment policy) .
  13. 13.  During the period 16 January 2015 – 4 March 2015 seventy three (73) of the one hundred and three (103) court-accredited mediators attended to 208 (two hundred and eight) court-accredited mediations in the High Court of Namibia. The following are statistics on the 2015 court-accredited mediations in the High Court of Namibia:  * Eight (8) [4%] of the 208 mediations scheduled could not be concluded during the scheduled sessions and were postponed for continuation;  * One (1) [0.5%] mediation was re-scheduled due to the mediator knowing one of the parties;  * 28 [13.5%] of the 208 mediations were settled by the parties prior to the mediation proceedings;
  14. 14.  * 77 [37%] of the 208 mediations resulted in settlements and was therefore successful  * In 45 [21.6%] of the mediations the parties could not reach an agreement during mediation, and failed reports have been filed by the mediators;  * 7 [3.4%] mediations failed due to obstructive behavior by one or more of the role players, i.e. representative legal practitioner, plaintiff or defendant  * 42 [20%] reports are still outstanding at date of publication of this report.

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