Malta Dispute Management Limited was set up in 1998 by two of Malta’s leading law firms, Fenech & Fenech and Ganado Sammut. It’s main aim is to provide dispute resolution services and facilities which include conciliators and mediators. MDM is associated with the de Bono thinking methods and supported by the Malta Chamber of Commerce, Malta Institute of Management, The World Mediation Forum, European Forum for Family Mediation and Centre for Exceptive Conflict Resolution (CEDR) in the UK for this purpose.

MDM has been officially accredited to and a member of the Centre for Dispute Resolution (CEDR) in the UK for this purpose. MDM is a provider of services that compliment and support the goals of the Malta Arbitration Centre.

The increase in activity places pressure on local institutions which now need to seek faster and more efficient ways to work, and this includes effective ways to resolve disputes. In fact Alternative Dispute Resolution (ADR) is a user friendly, inexpensive and speedy solution to solving problems between parties by introducing a neutral to a dispute to act as mediator. ADR produces imaginative and flexible settlement agreements out of courts and, as the process takes place on a ‘ without prejudice’ basis, referral to ADR cannot be perceived to be a sign of weakness. Another advantage of ADR is that it allows business relationships to continue during the course of and after dispute resolution. Parties in dispute may decide to keep results confidential and privileged from disclosure in subsequent court proceedings. The worldwide rate of success in mediations is in the region of 90%.

ADR in international disputes has the great advantage of allowing comfort to the parties in that they can choose that the dispute be settled in a country and with an expert neutral(s) of their mutual choice without the need of prior knowledge of the legal system in that jurisdiction

ADR is of great interest not only to the legal profession but more so to the business community which will at the end of the day benefit from the possible fiscal and time saving advantages.

WHAT IS MEDIATION

MEDIATION is a broad term which describes the intervention of third parties in the dispute resolution process. It involves a loosely knit set of values, objectives and techniques derived from a variety of sources. Research has centered to discover whether mediation relates to a single process or a number of processes. Over the past half century, mediation has developed to such an extent that the following classifications have evolved and left their particular mark: Labour / Industrial Relations Mediation, Family Mediation, Community Mediation, Settlement in the litigation process, and Co-operative Problem-Solving.

MDM FAMILY MEDIATION FORUM

A multi-disciplinary blend of psychologists, social workers, legal procurators and lawyers have been trained in family mediation, organised by Malta Dispute Management now also incorporating the Malta Centre for Mediation Services.

The course which lasted a year is at its the final stages for the Mediators to become fully accredited by the European Standards. Because of the nature of family mediation, trainees, already professionals in their respective

disciplines have learned complementary skills and knowledge from local and foreign trainers. This complementarity in the choice of participants and in the disciplines taught is the essence of the European Forum on Family Mediation Training. MDM family mediation training has been directed by Lisa Parkinson an internationally recognised trainer in family mediation and representative on the European Forum and founder member of the World Mediation Forum. MDM has also introduced the European Standards in family mediation to Malta through this course. Other local lecturers on the course included MDM Directors Dr Tonio Fenech, Dr Austin Sammut, Dr James Calleja and Dr. William Azzopardi, as well as other guest speakers.

MEDIATION PROCESS

Authoritative writers, in a nutshell, consider “mediation as a process by which the parties, assisted by a neutral third person attempt to systematically isolate points of agreement and disagreement, explore alternative solutions, and consider compromises for the purpose of reaching a consensual settlement of the issues relating to their conflict.” Any agreement should be voluntarily arrived at by the parties.

Mediation is a flexible process and practitioners agree that it is impossible to describe specific “procedures” for its conduct.

There are many forms of mediation: some are formal or follow more set patterns than others: -

The following procedure is referred to as Classical Mediation and is generally availed of in most dispute resolution centres:

1. Introductory remarks by Mediator
• Explains the process to parties (ie mediator is not an adjudicator but assists them to communicate and try to reach a solution; all communications are confidential; talks carried out in caucus or in joint session; assists parties to put agreement reached down in writing)
• States ground rules (ie no interruptions when one of the parties is expressing position etc.)
• Ensure that parties have no problem with mediator (ie no prior relationship / no conflict of interest)
• Establish realistic expectations of the process and the parties’ commitment to engaging in it.

2. Statement of the problem by the Parties or their attorneys or lawful representatives

3. Information gathering (parties talk to between themselves with the assistance of the Mediator about the dispute)

4. Problem Identification (ie identify the problem or set of problems and Mediator focuses on the issues identified )

5. Problem Solving: Generating Options and Bargaining (ie parties explore all possible options for resolving the dispute; this is generally followed by negotiating and bargaining as the parties work out their demands and concessions)

6. Writing of Agreement (ie if agreement is reached the Mediator will assist in setting it down in writing)