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The field of Alternative Dispute Resolution (ADR), which includes mediation and arbitration, offers diverse and accessible methods for parties to amicably resolve their disputes in Malé, Maldives. Mediation entails facilitation by a trained, neutral third party, helping the disputing sides to reach a mutually agreeable resolution. Arbitration, on the other hand, is a more formal process where an independent third party makes a binding decision after hearing both sides.
While ADR processes can be initiated without legal representation, having a skilled lawyer can increase your chances of a favorable outcome. They are especially valuable when dealing with complex disputes, understanding and navigating the procedural intricacies of ADR, ensuring that your rights are fully protected, presenting your case articulately, and advising on whether the outcome of an arbitration or mediation process is fair and in your best interests.
In the Maldives, ADR legislation is mainly guided by the Arbitration Act 2013, which applies to domestic arbitration and the enforcement of foreign arbitration awards. This act provides the rules governing the procedural aspects of arbitration. Mediation, while not explicitly legislated, is widely recognized and used within community-based dispute resolution mechanisms and in the local court system.
Most types of private disputes, including those related to property, contracts, and commercial transactions, can be addressed through ADR mechanisms. However, some legal issues such as criminal offenses cannot be solved using ADR.
Both parties mutually select the mediator or arbitrator. If they fail to agree on one, the court or relevant ADR institution can appoint one.
Yes, the outcome of arbitration, known as the arbitral award, is legally binding and enforceable under Maldivian law.
Generally, the right to appeal against an arbitral award is limited. However, the award can be set aside by a court under specific circumstances, such as procedural irregularity or if the award is contrary to Maldivian public policy.
Mediation belongs to non-binding ADR methods, but once an agreement is reached and signed by both parties, it can be enforceable like a contract.
The Department of Judicial Administration provides resources and information related to the legal process in Maldives. Additionally, the Maldives International Arbitration Centre (MIAC) provides ADR services for disputes involving international parties.
If you require legal assistance in ADR, it is recommended to conduct thorough research, seek referrals, and consult with an experienced ADR lawyer. Ensure to discuss their fees, expertise, approach, and potential strategies for your case. It's also recommended to explore the possibility of ADR with the other party as early as possible to save time, money, and unnecessary strain on relationships.
