Judicial Academy

Department of Judicial Administration

Session 4

Alternative Dispute Resolution (ADR) mechanisms have gained widespread acceptance over the years as a mechanism used to resolve dispute without resorting to normal court procedures. This paper will look at the existing procedures on mediation as per Act No. 4/2000 (Family Act) and Regulation No R-3/2010 (Regulation on Resolution of Family Disputes) used by the Family Court and consider how it can be strengthened.

The paper will start by highlighting what ADR is, the different methods used in ADR with an emphasis on mediation. It will also look at how mediation was introduced, the procedural mechanisms used in mediation, the role of mediators, approaches used in mediation, the place where mediation is conducted, the assessment prepared on cases submitted for mediation and procedures used in mediation at different jurisdictions.

The paper will then analyze the cases referred to the Family Dispute Resolution Division of the Family Court for mediation based on data from 2017- August 2019. Furthermore, models of mediation used in dispute resolution will also be examined. Court annexed mediation and pre-litigation mediation will be compared and contrasted to suggest which model of mediation would be most appropriate for dispute resolution in the Family Court of Maldives. The paper will conclude by highlighting changes that can be brought to the existing ADR system to strengthen mediation.

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