Mediation In
Toamasina, Madagascar

Legal Framework

Mediation in Madagascar follows the Malagasy Civil Procedure Code and Arbitration Laws. The Civil Procedure Code includes provisions for mediation and encourages the use of mediation to resolve civil disputes before proceeding to litigation. Madagascar's Arbitration Law No. 98-019, which came into force on 2 December 1998, is influenced by the UNCITRAL Model Law on International Commercial Arbitration and provides the legal framework for both domestic and international arbitration. The Labor Code also plays a crucial role in promoting conciliation and mediation for labor disputes. The legal framework provides that both arbitration and mediation are recognised by law, with arbitration resulting in an enforceable title in the form of an arbitral award, whereas mediation results in an agreement between parties that does not constitute an enforceable title. Madagascar's civil law system is based on the old French civil code and customary law in matters of marriage, family, and obligation.

While Madagascar operates under this legal framework, The Olive Branch's remote mediators bypass local court backlogs by providing swift, confidential, and mutually agreed-upon resolutions online.

Court System

In certain cases, judges may intervene early in the litigation process to encourage settlement through judicial mediation. The judge can encourage parties to use ADR methods before continuing with formal court proceedings, often through informal discussions or facilitating the appointment of mediators. This approach is meant to alleviate the burden on the courts and provide parties with the opportunity to resolve their differences more quickly and less expensively. The Labor Court plays a role in conciliating disputes, aiming to resolve them through negotiation before they escalate into litigation. For enforcement of foreign arbitral awards, they must receive an exequatur decision from the Court of Appeal of Antananarivo to be enforceable. The time it takes for a case to be heard depends on complexity, often taking between 6 and 24 months to obtain a judgment from the Supreme Court, while cases referred to the Court of Appeal can take longer than 24 months.

Mediator Regulations

Mediation in Madagascar is generally a voluntary process where a neutral third party (the mediator) facilitates communication between disputing parties to help them reach a settlement. The Civil Procedure Code provides the framework for mediation practices. For conciliation in labor disputes, a conciliator may be appointed to guide discussions between parties and propose solutions. The Labor Court and the Office of Labor Mediation and Arbitration, a governmental body, facilitate settlement through conciliation in labor disputes. The Centre d'Arbitrage et de Médiation de Madagascar (CAMM) organises training programmes including 'Approfondissement et consolidation des compétences en Arbitrage' to update practices of arbitrators, account for international evolutions of arbitration, and integrate incidences of new arbitration rules. Specific certification requirements for mediators are not detailed in available sources, but training is provided by institutions like CAMM.

Cultural Approach

Mediation is particularly prevalent in community and local dispute resolution in Madagascar, as it is cost effective and can help maintain personal relationships between parties involved. The approach emphasises cooperation and mutual understanding, making mediation and conciliation particularly useful in situations where parties have ongoing relationships, such as in family law or business disputes. The cultural context values maintaining relationships through collaborative resolution processes. Conciliation is commonly used for disputes between employees and employers, reflecting a structured approach to labor disputes. The presence of both traditional dispute resolution methods and formal ADR mechanisms reflects a blend of customary practices and modern legal frameworks. The emphasis on confidentiality and anonymity in arbitration suggests respect for privacy in dispute resolution.

Typical Costs

ADR methods generally less expensive than court proceedings. Professional mediator fees generally range from MGA 50,000-200,000 per hour for commercial mediation. CAMM provides institutional fee schedules. Six-month deadline for arbitration suggests efficiency. ADR positioned as cost-saving mechanism.