THE KEY principles of alternative dispute resolution (ADR) should be set out in statutory form and the commonly used terms should be statutorily defined.
The requirement of neutrality and impartiality should be included in any general statutory formulation that concerns mediation and conciliation.
Courts should be permitted to make an order requiring the parties to consider resolving their differences by mediation or conciliation.
A pilot court-annexed mediation scheme should be set up in the District Court.
Participation in mediation or conciliation should be voluntary and parties to it should be fully informed about the process before they consent to participate in it.
The principle of confidentiality in mediation or conciliation should be placed on a statutory footing.
Parties should be encouraged to seek independent advice, legal or otherwise, before signing an agreement entered into at conciliation or mediation.
A court should be able to enforce any agreement reached at conciliation or mediation.
The commission reiterated its recommendations on mediation made in its 1996 Report on the Family Courts, where it recommended that information be provided on all options in family disputes. It also made recommendations on the enforcement and review of mediated agreements, where appropriate mediation should be considered by parties to a family dispute before litigation.
Case conferencing by county registrars in family disputes, which exists on a pilot basis, should be extended to all circuit courts.
A statutory provision should be considered allowing medical practitioners to make an apology and explanation, without these being construed as an admission of liability in a negligence claim.
Conciliation and mediations should be considered as appropriate for shareholder disputes.
The existing mediation and conciliation services for community and neighbour disputes by community law centres should be further developed.
Parties to property boundary disputes should be advised by their legal representatives to consider mediation or conciliation.
Training and accreditation of mediators is essential to ensure the quality of the process, and all family mediators should receive special training in this area.