Voluntary mediation in trade disputes in Malta : an effective approach?

Abstract

Mediation is one of the most important forms of alternative dispute resolution in conflict resolution. It caters for different methods of conflict resolution, as opposed to litigation. Whilst mediation has been present and in use in most countries for several years, it has only been introduced in the Maltese legislation recently, in 2003. The Maltese legislation provides the parties with an opportunity to reach an out-of-court settlement, but thus far, this has been only deemed successful in disputes related to Family Law. This dissertation will explore the possibility of introducing a framework for voluntary mediation in trade disputes by observing different nations which have already adopted this method and as well as by analysing the opinions of local stakeholders. Through the feedback collected from these stakeholders, the author has observed that there is a general lack of knowledge of the differences between conciliation and mediation. This is because to date, conciliation is the only formal form of alternative dispute resolution being used for trade disputes, that is also regulated by law. Nonetheless, it has been noted by the author that informal mediations are already being held voluntarily. Therefore, in this study, the author is proposing that voluntary mediation is regulated as a structure to deal with trade disputes. The author, further proposes several recommendations to strengthen the mediation process to safeguard the relationships between the stakeholders.