Is there a predisposition to litigation or mediation in Maltese society?

Abstract

This Dissertation resolves around answering whether there exists a predisposition to Litigation or Mediation in the Maltese Society. At the proposal stage, the speculation was that Maltese Society perceives Litigation as a better option for resolving conflicts, especially since it allows the wrongdoer to be punished. On the other hand, Mediation is perceived as an imposed process which should be followed, before proceeding to Litigation in Family Law. This study focuses on addressing the differences between Mediation and Litigation and enlighten the area of whether Maltese Society is knowledgeable enough to be able to choose voluntarily between the two. The results that emerged from the questionnaires and the interviews managed to eliminate the abovementioned speculations and showed that most Maltese individuals know about the availability of Mediation sessions within the ambit of Family Law. However, they remain unaware of voluntary Mediation in other areas of law. Moreover, this study highlights that Maltese individuals are aware of the general differences in costs and length of time between the procedure of Mediation and Litigation. However, they lack knowledge about the critical elements revolving both processes, meaning that Maltese Individuals remain uncomfortable choosing voluntarily between the two processes. This uncertainty compels individuals to prefer letting the law guide them accordingly rather than making a free choice on how to close and agree on a dispute. It also results that lawyers’ interference makes individuals feel safer, especially since they can give their opinion without personally being involved in the matter and aid the parties in understanding legal jargon. This study also underline that although the parties might be inclined towards Litigation because it has been around for far longer than Mediation, the perspective is changing even more so when looking into the benefits arising out of Mediation.