Establishment of the Centre
In Malta, mediation is
regulated by the Mediation Act (Chapter 474 of the Laws of Malta) which came
into force. on the 21st December, 2004. The Malta Mediation Centre
was set up on the 7th July, 2005 when the first Board of Governors
of the Centre was appointed.
The Centre, which is a body corporate with
distinct legal personality, was set up for the purpose of providing a forum
where two or more parties in dispute or in litigation may voluntarily refer or be referred by the Court or other
adjudicatory authority, in order to resolve their dispute by mediation, namely,
the process in which a mediator, duly accredited by the Centre, acts as an
impartial third party with a view to facilitating negotiations between litigants in order to assist them
resolve their dispute by reaching a voluntary and timely agreement.
Board of Governors
The policy and general
administration of the affairs and business of the Centre is entrusted to a
Board of Governors which is appointed by the Minister responsible for Justice,
and consisting of not less than 3 and not more than 5 members, one of whom
should be appointed as chairman and another one as deputy chairman. Both the
chairman and his deputy are required by law to be lawyers with 12 years’
experience.
The
members of the Board are appointed for a period of 4 years and are eligible for
re-appointment.
The Registrar
Besides,
the Centre has a Registrar who acts
also as Board secretary. He is appointed by the Board and is required by law to
perform such functions as may be delegated to him by the Board from time to
time. The Registrar is vested with
the legal representation of the Centre and has the
duty to administer oaths of office required to be taken by mediators accredited
by the Centre.