Scribd Logo
Upload

Welcome to Scribd!

  • 16.05.07 Speech E.sakala

    Uploaded by

    spaceog
    26 views4 pages
    good

    Original Title

    16.05.07 Speech e.sakala

    Copyright

    © Attribution Non-Commercial (BY-NC)

    Available Formats

    DOC, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    good

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    26 views4 pages

    16.05.07 Speech E.sakala

    Uploaded by

    spaceog
    good

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 4

    SPEECH OF HIS LORDSHIP

    CHIEF JUSTICE E.L. SAKALA

    AT THE CLOSURE OF THE MEDIATION


    TRAINING PROGRAMME HELD
    AT CRESTA GOLFVIEW
    HOTEL, LUSAKA, BETWEEN
    7TH TO 18TH MAY, 2007

    My lords the Judges of the Supreme Court and the High Court.

    It is my pleasure and privilege to grace this occasion that marks the end of yet

    another successful training programme for court annexed mediators.

    This is the fourth training programme organized and launched by our local

    trainers. The engagement of local trainers in the training of court annexed

    mediators has proven to be the sure way of ensuring sustainability of the court

    annexed mediation programme and practice in Zambia.

    This year is also significant in the development of the mediation practice in Zambia,

    because it marks the tenth year of court annexed mediation. It will be recalled that

    mediation was formally introduced in this country on 6th June 1997, with the

    passage of statutory instrument number 71 of 1997, which amended the High Court

    Rules by providing for reference of certain matters to mediation.

    1
    Over the years the practice of mediation has been warmly received and embraced

    by the bench, the bar and members of the public generally. Mediation has proven

    to be not only a viable alternative to litigation, but also contributed positively to the

    decongestion of the crashing case loads in the High Court.

    As you are aware, the practice of mediation has now attained worldwide recognition

    because of its special attributes. Mediation primarily affords disputants unique

    opportunities to participate directly in the resolution of their disputes, with the aid

    of a neutral third party who serves as an intermediary to assist the disputing parties

    to reach their own agreement or solution. The key features of mediation may be

    stated as follows:

    (a) It enables solutions to be found which meets the particular needs of parties

    without jeopardizing any of their legal rights by participating in the

    mediation process;

    (b) It is an entirely private process and therefore avoids negative publicity or

    any publicity at all;

    (c) Disputes are usually resolved in informal and relaxed settings;

    (d) Business and personal relationships are better served and sustained because

    the process tends to look to the future, rather than the past;

    (e) The process tends to promote “Win-Win” solutions, as opposed to

    pronouncing one side “Winner” and the other “Loser” ; and

    2
    (f) Creative options for settlement are encouraged and given a more thorough

    exploration during the mediation process than is often the case or possible in

    the context of litigation.

    I am sure that by now you are all aware that your task as mediator is not to

    adjudicate. When called upon to mediate, your task will be to assist the parties

    negotiate settlement of their problem(s). In this respect as a neutral third party, you

    will be required to examine the dispute(s) of the parties objectively, and also assist

    the parties to understand each other’s points of view. As initiated mediators you

    will therefore be required and expected to structure and promote effective dialogue

    between and among disputants. As mediators you will be primarily responsible for

    the management of the mediation process.

    However, in the management of the process, you should resist and desist from

    imposing or prescribing solutions about how to resolve disputes. Instead, you

    should always maintain a safe distance and always remain disinterested in the

    outcome of the dispute. The task of selecting options for resolution of the problems

    of the parties is the preserve of the parties. When parties are actively and positively

    engaged in dialogue aimed at developing terms of settlement, you should stand back

    and merely observe the negotiations. Ultimately, however, it will be your

    responsibility to ensure that when a settlement agreement is reached, it is well

    written and that it covers the specific tasks to be performed under the agreement.

    3
    Allow me to draw your attention to some of the traits that you are expected to

    possess and develop as you commence practicing mediation. Namely:

    (a) Ability to analyze issues quickly;

    (b) A good sense of judgment;

    (c) Excellent communication and interpersonal skills;

    (d) Poise;

    (e) Stamina;

    (f) A good understanding of human nature and practical psychology;

    (g) Good listening skills;

    (h) A sense of procedural fairness;

    (i) A calm demeanour;

    (j) An ability to side step and defuse confrontation; and

    (k) Not least a manageable ego.

    You might also like