Mediation For Modernisation & A New Challenge

The use of mediation as an example of modernisation is ironic because the words "mediation" and "modernisation" hardly seem to belong in the same category. Mediation is one of the oldest forms of peaceful dispute resolution process and is not a recent or modern discovery. Mediation is one form of Alternative Dispute Resolution or popularly known as ADR which is a device aimed at resolving disputes between the parties in a manner so as to find a resolution expeditiously and economically. The paramount object of ADR is to arrive at an amicable resolution of a dispute and to save time and cost.

Mediation And The World

Mediation is today widely used in the United States, Britain, Australia, Canada and New Zealand.

In countries like Canada and Australia, mediation is an automatic first step towards resolving disputes between parties.

The importance of mediation is revealed by the court rules in Australia being amended to empower the Australian courts to order mediation with or without the consent of any party to the litigation.

Another notable example is the amendment to the Australian Family law that has required lawyers when they are consulted by either party involved in an existing proceeding or parties considering initiating one, to advise their clients about resolving disputes through mediation.

The academic sector also contributes in promoting mediation for example the Law Institute of Victoria has a specialist examination in mediation.

The United States has also introduced mediation as a critical part of its efforts to overcome the serious backlog of cases. This is evident from the fact that most American courts have rules that require cases to go to mediation before they can be listed for trial.

From: 1993 3CLJ XIII