Please use this identifier to cite or link to this item: https://www.um.edu.mt/library/oar/handle/123456789/105288
Title: The condominium conundrum : a more dynamic approach to dealing with arising issues in this microsystem of governance via mediation
Authors: Casha, Blathin (2022)
Keywords: Condominiums -- Law and legislation -- Malta
Dispute resolution (Law) -- Malta
Mediation -- Malta
Mediators (Persons) -- Legal status, laws, etc. -- Malta
Issue Date: 2022
Citation: Casha, B. (2022). The condominium conundrum: a more dynamic approach to dealing with arising issues in this microsystem of governance via mediation (Master's dissertation).
Abstract: The increase in condominium construction is an economic, demographic and social response to changes in Maltese culture and society. Condomini within a condominium must seek a balance between independent and interdependent living, as the units offer privacy and autonomy but also simultaneous condominium community membership. This dynamic complicates the condominium lifestyle as policies, laws and administrative bodies strive to find the balance between the common good and the rights of the individual. Such a dynamic community is influenced by the sum of all its parts, those parts being the individuals who reside within it. These individuals continuously interact together as both individuals and as group members which form their own personal identity. A personal identity which constitutes pre-disposed opinions, values and beliefs which overtime have been developed via experience, influence and learning. This requires a person-centred approach to dealing with conflicts which may arise in condominia. Mediation can act as the bridge between private law, horizontal governance and the individual, enabling conflicting residents and administrators to focus on shared interests rather than positions whilst creating a sustainable and organic solution in which relationships are maintained if not improved and strengthened, with hard feelings being greatly reduced or diminished. This is contrary to arbitration in which there is a clear winner and loser. To investigate this a qualitative, namely narrative approach was applied as the aim of the study was to explore, actualize and in relation to affecting policy change; conceptualize conflict amongst residents, the experience of which they attribute with meaning and which is in turn affected by and affects the personal attributes and belief systems of those involved. Findings promoted and attributed to the formation of a set of recommendations for the application of Mediation in the domain of condominia law within the Maltese context. These recommendations will instigate a humanistic approach and will facilitate a positive change in the Condominium Act, Chapter 398 of the Laws of Malta, by creating a structure which mirrors the complete experience and complexity of condominia living. This will in turn formulate a legal framework in which both the humanistic and legal perspectives can symbiotically co-exist further benefiting the individuals the act is meant to protect and serve. In turn, the application of mediation in such neighbourly issues will increase its general exposure to the Maltese population making it part of the Maltese socio-legal culture.
Description: M.A. Mediation(Melit.)
URI: https://www.um.edu.mt/library/oar/handle/123456789/105288
Appears in Collections:Dissertations - FacLaw - 2022
Dissertations - MA - FacLaw - 2022

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