An analysis of the legal and practical implications of the notary’s role as a mediator

Abstract

This professional report delves into the practical and legal implications of notarial mediation in Malta. The main aim of this report was to determine where the system of notarial mediation presently stands in terms of Maltese and European Union (EU) law and whether it could be improved. The Maltese notarial mediation system was evaluated by observing two different notaries during appointments with their respective clients, examining the letter of the law and comparing the way in which different European and International jurisdictions have regulated, if at all, the notary-mediator. This leads to the discovery of a lack of training and regulation within the Maltese jurisdiction, Maltese notaries having to adopt their own method of notarial mediation and a scarcity of repercussions in terms of erroneous notarial mediation, inter alia. Additionally, solutions regarding: the enactment of subsidiary legislation to Chapter 55 of the Laws of Malta; a compulsory course detailing the intricacies of notarial mediation; and frequent optional seminars are explored and evaluated. In turn, this investigation yields both positive and negative legal and practical implications of the Maltese notarial mediation system presently in place. Ultimately, the study is finalized through the author stating that further regulation is necessary, however, it must be enacted meticulously to cater for both the client’s needs and the practicing notary’s needs.