Please use this identifier to cite or link to this item: https://www.um.edu.mt/library/oar/handle/123456789/61659
Title: The function of the mediator within the family court : the role and its implications
Authors: Darmanin, Melanie
Keywords: Families -- Malta
Domestic relations courts -- Malta
Mediation -- Malta
Issue Date: 2007
Citation: Darmanin, M. (2007). The function of the mediator within the family court : the role and its implications (Master's dissertation)
Abstract: I first mentioned issues such as historical background and why the need for a mediator was felt and then explained the set-up of the Court and the procedure in front of it. I also considered whether there are any alternatives to the mediator and compared and contrasted them to this role. Then I discussed how our law considers the mediator, how he/she's chosen for this role, how he/she's trained and so on. I gave my ideas on the system and how it can be enhanced. I then considered the role of the mediator in depth and brought elements such as the advantages and disadvantages of the mediator to the fore. Throughout the thesis I referred to appropriate case law where it was important to explain something better although I could find no local cases at all that made a reference to the mediator - mainly this is because the role is still quite new and cases take time to be decided but this is also because the mediator is separate from the Court and does not obey it's orders. I also carried out a number of surveys. These consisted of a series of questions addressed to mediators, separated people and lawyers. I also had some feedback from a Judge and the Parliamentary Secretary Dr. Carmelo Mifsud Bonnici. The feedback I got was very wide ranging and interesting and I could determine, from this very information, what the people think of mediation and the possible manners in which it could be made superior to what it is right now. I then considered the position regarding mediators under foreign law, mainly the United Kingdom, as its legal position is completely different from ours, and Californian law, as it was one of the first countries in which mediation began and it's system is remarkably similar to our own. I also considered what the E.U. had to say about the matter. Finally I went into the concept of compulsory mediation and gave my opinions on the matter and concluded by mentioning any improvements I deem possible. These improvements resulted clearly from the surveys and would help to render the mediator's role more simple and effective. One final note I must make is that when I initially started work on this thesis over a year and a half ago, I looked at it with an impartial view. But the facts are hard and straight and eventually I too formed an opinion which I expressed as well.
Description: LL.D.
URI: https://www.um.edu.mt/library/oar/handle/123456789/61659
Appears in Collections:Dissertations - FacLaw - 1958-2009

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