By Saio Marrah
Sierra Leone’s Law Reform Commission has drafted a “Mediation Bill”; which when passed into law will establish a community- based independent mediation centres across the country to settle disputes without going to court.
A public notice published by the commission on Wednesday 2nd August 2023, stated that the mediation centre will not only seek to reduce the huge pressure on the judiciary in settling disputes, but will also “be less expensive, less acrimonious, more expeditious and time bound, less formal, community based,” it reads.
Disputes that take months and years to settle in the courts could be settled in days or weeks without lawyers or judges and without the use of “esoteric, bombastic” and confusing languages, noting that the procedure and atmosphere will be user- friendly to the ordinary citizen.
The independent mediation centre is said to be a milestone in dispute resolution mechanism in Sierra Leone, with outlets at provincial, district, town and village levels.
According to the bill, disputes will be heard by persons known to the parties like their peers, friends, relatives, family members, tribal heads, community and religious leaders, among others.
According to the commission’s notice, before the drafting of the bill, it held a range of consultations with citizens and non-citizens within the country.
In a bid to seek citizen’s interest, involvement and support for the proposed law, the commission is said to be embarking on popularization of the bill.
It will to attain its objectives, among others “exercise any power for alternative dispute resolution conferred on it by parties to a dispute but shall not be involved in actual resolution of the dispute”.
The centre will also accredit mediators, establish and enforce codes of ethics for mediators, undertake accredited mediation-training programmes and formulate standards for mediation training. It will provide guidelines on mediation fees and expenses as well.
According to the bill, the President shall appoint the Chairman and four other board members and the Chairman to be a person that has practiced law for 15 years.
The other board members will be representatives of Labour Congress, Sierra Leone Chamber of Commerce, Employees Federation and Council of Paramount Chiefs.
The Executive Director of the Centre is required to submit an annual report of the activities of the centre within three months, after each financial year, for approval by the board.
Those reports should include statistical data on mediation, with caution that the information shall not reveal the identity of parties involved or enable the dispute to be identified.
The board in return is required to submit the approved report to the Attorney General and Minister of Justice not later than six months after the end of the year to which it relates. The minister is also obliged to submit the report within one month after receipt, to Parliament for consideration.
Copyright © 2023 Politico (09/08/23)
