Professional Documents
Culture Documents
16.05.07 Speech E.sakala
16.05.07 Speech E.sakala
My lords the Judges of the Supreme Court and the High Court.
It is my pleasure and privilege to grace this occasion that marks the end of yet
This is the fourth training programme organized and launched by our local
mediators has proven to be the sure way of ensuring sustainability of the court
This year is also significant in the development of the mediation practice in Zambia,
because it marks the tenth year of court annexed mediation. It will be recalled that
mediation was formally introduced in this country on 6th June 1997, with the
passage of statutory instrument number 71 of 1997, which amended the High Court
1
Over the years the practice of mediation has been warmly received and embraced
by the bench, the bar and members of the public generally. Mediation has proven
to be not only a viable alternative to litigation, but also contributed positively to the
As you are aware, the practice of mediation has now attained worldwide recognition
opportunities to participate directly in the resolution of their disputes, with the aid
of a neutral third party who serves as an intermediary to assist the disputing parties
to reach their own agreement or solution. The key features of mediation may be
stated as follows:
(a) It enables solutions to be found which meets the particular needs of parties
mediation process;
(d) Business and personal relationships are better served and sustained because
the process tends to look to the future, rather than the past;
2
(f) Creative options for settlement are encouraged and given a more thorough
exploration during the mediation process than is often the case or possible in
I am sure that by now you are all aware that your task as mediator is not to
adjudicate. When called upon to mediate, your task will be to assist the parties
negotiate settlement of their problem(s). In this respect as a neutral third party, you
will be required to examine the dispute(s) of the parties objectively, and also assist
the parties to understand each other’s points of view. As initiated mediators you
will therefore be required and expected to structure and promote effective dialogue
between and among disputants. As mediators you will be primarily responsible for
However, in the management of the process, you should resist and desist from
should always maintain a safe distance and always remain disinterested in the
outcome of the dispute. The task of selecting options for resolution of the problems
of the parties is the preserve of the parties. When parties are actively and positively
engaged in dialogue aimed at developing terms of settlement, you should stand back
written and that it covers the specific tasks to be performed under the agreement.
3
Allow me to draw your attention to some of the traits that you are expected to
(d) Poise;
(e) Stamina;