New judge speaks on need to further promote mediation
Photo: Saviour Schembri
The need to further promote the concept of mediation in court was stressed this morning by Mr Justice Robert Mangion during his inaugural sitting.
During mediation, he said, a neutral third party facilitated communication between the parties involved, possibly leading to an agreed solution avoiding the need for a judgement to be imposed.
Mr Justice Mangion said he saw major potential among retired judges to act as mediators.
Their vast experience made them the ideal people to occupy the post of a neutral third party facilitating agreements between the parties.
Photo: Saviour SchembriHe said he believed there was an urgent meet for a revision of the procedure in civil and commercial mediation with the court being given the right to directly nominate mediators rather than referring cases to the Mediation Centre.
In the family court, which Mr Justice Mangion said he shall be presiding, mediation had led to a number of success stories with parties reconciling.
He praised his predecessor in the family court Judge Noel Cuschieri and promised to give particular attention to the best interests of minors.
He said he would do his utmost for children to be heard with their vulnerability and sensitiveness being respected.
He recalled that when the family court was being set up 10 years ago, the idea was that it would also have the facility to appoint conciliators, besides the mediators.
The conciliators would help couples going through a difficult time examine the possibility of reconciliation.
Mr Justice Mangion said that although under the current law mediators could explore the possibility of reconciliation, they were not trained as family councillors or therapists.
Photo: Saviour SchembriHe said he had major reservations about the way judgements given by this court were published on the court website, practically including all details except for names.
Because of the country's size where everyone knew one another, it was easy to work out who was who to the detriment of one's privacy. One, he said, should consider putting online just a synopsis, rather than the whole judgement.
He said that next year being the 10th anniversary of the setting up of this court, it was an opportune moment for all those involved in its operation to evaluate the experience and see what could be done to further improve the situation.
Mr Justice Mangion also spoke briefly on the official letter procedure noting that the time may have come so that, following consultation with the Chamber of Advocates, the relevant articles of the law were re-examined for the notification procedure to be extended, making it identical to that used for court cases.
One, he said, should also consider removing unnecessary bureaucracy and give porters the facility to make notifications of the judicial acts after hours for a greater probability of finding people at home.
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P Pace Balzan
Jun 14th 2012, 09:00
If only one Judge can step forward and state - We will ensure that all family court cases will be concluded within 2years - I will say well done.
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The only family court case which I have delved into has prolonged well over a decade.
One of the said parties to the marriage actually claimed that through contacts within the courts he would ensure that it will NEVER be settled so that he can then legally grab whatever he wanted from his spouse.
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In my opinion the present legalistic form of marriage should be scrapped.
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Alfred Farrugia
Jun 14th 2012, 01:29
Mr. Justice Robert Mangion is reported to have said that “although under the current law mediators could explore the possibility of reconciliation, they were not trained as family councillors or therapists.”
How many courses are currently available at our university in conflict resolution and mediation, apart from those offered by the Mediterranean Academy of Diplomatic Studies (MEDAC)? Do student lawyers pursue any courses in conflict resolution and mediation, if any are available? Are courses available for other interested students who are not pursuing law courses or a diplomatic career?
B Attard
Jun 13th 2012, 23:10
Family Court another typical farce. Now if the judge wants to do his utmost regarding the children he must seriously consider the fact that the parent which has the children's custody is always the disadvantaged part.
Joe Grech
Jun 13th 2012, 21:35
This new Judge has put forward a number of very valid recommendations. well done!
Will the authorities be acting on his advice people will be wondering?
Robert Lewis
Jun 13th 2012, 20:37
Dr Franco Debono should increase his 24 point debate on our Judicial system by another one. That all the halls especially the main Jury hall in our Courts have A/C, as from both the photos above and the News items on TV a lot of people including Mr Justice Robert Mangion were fanning out repeatedly, meaning that the A/C was not functioning.
Godfrey Gauci Maistre
Jun 13th 2012, 20:21
Mr. Mario Aquilina"s comment that The. Hon. Mr. Justice Mangion did not have the decency to warn his clients that he will not be acting for them anymore as a lawyer in court is entirely false.
Very shortly after his nomination Mr. Justice Mangion wrote to all his clients and gave them a free release, in good time for all of them to engage the services of other lawyers.
Jay Oatmon
Jun 13th 2012, 19:48
Malta is expected by the Council of Europe to adhere to the convention and be bound by it – and all 27 members of the EU are members of the council.
"Article 6:
- In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgement shall be pronounced publicly, but the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.
- Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.
- Everyone charged with a criminal offence has the following minimum rights:
(1) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him;
(2) to have adequate time and the facilities for the preparation of his defence;
(3) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require;
(4) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;
(5) to have the free assistance of an interpreter if he cannot understand or speak the language used in court."
The above "everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law" is obviously not what happens in Malta!
This is why Dr Debono was correct and Dr Gonzi in error.
T.F. Busuttil
Jun 13th 2012, 19:19
meditation.....does the Hon. Judge see a lot of FAIRLY LEGAL? I dont trust a mediation if not a small claim.Malta kullhadd jaf lill kullhadd.
Paul Attard
Jun 13th 2012, 19:10
Mediation=Delay. Also means more fees for the lawyers involved.. so hooray for the lawyers!
Justice delayed is Justice denied. Very simple really.
Mr mario aquilina
Jun 13th 2012, 17:54
By the look of things, this judge did not have the decency to warn his clients that he will not be acting for them anymore as a lawyer in court.
I would like to know as to how many court case went down the drain because of such attitude. No wonder our courts are in such a mess.
Godfrey Gauci Maistre
Jun 13th 2012, 20:56
Mr. Mario Aquilina"s comment that The. Hon. Mr. Justice Mangion did not have the decency to warn his clients that he will not be acting for them any more as a lawyer in court is entirely false.
Very shortly after his nomination Mr. Justice Mangion wrote to all his clients and gave them a free release, in good time for all of them to engage the services of other lawyers.
Mr mario aquilina
Jun 13th 2012, 22:50
@Maistre
In my court case, Dr.Mangion client said that he was not notified that his then lawyer would not be showing up for our court date, or that Dr.Mangion will send another lawyer to replace him.
We were just thrown out in 2 minutes flat, given another date for the next hearing, and Dr.Mangion client was told to find another lawyer.
I was in court and so was my lawyer. We all heard what was said. What am I going to benefit from making this up. If what you are saying is correct then I apologies, which means that Dr.Mangion client has lied, and if you want me to name him, I'll do so.
One of the reasons why our court is a farce. Everybody abusing the system.
Please choose the reason of your report below: