The introduction of court-annexed mediation and its place in the Zambian Judicial System
Date
2013-11-11
Authors
Masuwa, Erasmus
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Abstract
Mediation is negotiation facilitated or assisted by the introduction into the dispute of an intermediary. Therefore, mediation involves a neutral third party called a Mediator. The Mediator assists the parties to a dispute in communicating their position on the issues and in exploring possible solutions or settlement. The Mediator does not give an evaluation or opinion of the case but rather facilitates the exchange of information, ideas and alternatives for settlement between parties.The traditional legal response to a dispute between parties has been for a lawyer for one of the parties to initiate the litigation process. For most lawyers, the litigation process is assumed to be the appropriate means of resolving a client's legal problems. To this end, every legal case is perceived as involving two major tasks: -determining the substantive law applicable to the facts of the case; and
choosing a dispute resolution process that will assure a client fair treatment and a just outcome.Most law school course work concentrates on how to research, analyse and apply the substantive law. Yet, issues of process may be as important as substantive issues in determining whether the final result for a client is the best attainable.
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Keywords
Courts-Zambia , Mediation -Zambia , Dispute Resolution(Law)-Zambia , Arbitration and Award-Zambia , Justice administration of-Zambia