An assessment of the efficiency and effectiveness of compulsory mediation in Malawi

Abstract

This article analyses the efficiency and effectiveness of mandatory judgeled mediation in Malawi. It discusses whether mandatory judge-led mediation meets the objectives of reducing costs, delay, and case backlog as provided for under the High Court Civil Procedure Rules, 2017. This article also analyses the benefits, challenges, and the parties’ satisfaction with mandatory mediation. This study argues that although Malawi’s mandatory mediation may resolve disputes expeditiously, reduce case backlog and costs, it threatens the parties’ right to trial and infringes mediation principles including voluntariness, party self-determination, flexibility,
and informality. Further, while the Constitution of Malawi recognises and promotes the use of alternative dispute resolution mechanisms such as mediation to enhance access to justice, Malawi lacks institutions, policies and comprehensive legislation which can sufficiently promote the use of mediation and help to decongest courts in Malawi.