The Sectoral Oversight Committee on Governance, Justice and Civil Protection approved the Mediation (Civil and Commercial Disputes) Bill during a meeting in parliament recently.
The Committee convened under the Chairmanship of MP Najith Indika in Parliament last week (22).
Expressing views in relation to the presentation of this Bill, officials of the Ministry of Justice and National Integration stated that the Commercial Mediation Centres Act No. 44 of 2000, which was specially prepared to establish a centre for commercial mediation, could not be implemented due to certain technical reasons and limitations.
Accordingly, they further pointed out that this new Bill has been drafted with the objectives of repealing the said Act, introducing minimum standards with regard to the conduct of commercial mediation, and providing the necessary legal framework to enforce mediated settlements through the court system, subject to prescribed regulations.
Although mandatory mediation has already been recognized as an alternative dispute resolution mechanism under the prevailing legal framework, the Ministry officials apprised the Committee that the participation in voluntary mediation remained minimal.
The officials further stated that it is important to introduce a statutory framework for voluntary mediation in civil and commercial disputes, whether when parties reach a mediation agreement, or when one of the parties voluntarily refers the dispute to mediation in the absence of such an agreement, or in circumstances where mediation is proposed by the court.
They noted that such a framework would provide greater protection and bring meaningful development to the civil and commercial sectors of the country. Furthermore, they emphasized that voluntary mediation provides a valuable service to the legal system. (Newswire)
