Mediation in Malta

Quick Facts

• Legal Framework: Mediation in Malta is regulated by the Mediation Act (Chapter 474 of the Laws of Malta) which came into force on 21 December 2004. The Malta Mediation Centre was set up on 7 July 2005 when the first B...
• Cultural Approach: The Maltese legal system has recognised the value of mediation in helping families navigate complex issues while minimizing the adversarial nature of litigation. Mandatory mediation in family law matt...
• Typical Costs: Mediation typically more cost-effective than traditional litigation. Malta Mediation Centre determines fee structures. Professional mediator fees generally range from EUR 150-400 per hour for commerci...

Mediation Research

Legal Framework

Mediation in Malta is regulated by the Mediation Act (Chapter 474 of the Laws of Malta) which came into force on 21 December 2004. The Malta Mediation Centre was set up on 7 July 2005 when the first Board of Governors of the Centre was appointed. The Centre is a body corporate. Although the main body dealing with mediation is the Malta Mediation Centre, other entities deal with mediation such as the Office for Consumer Affairs in disputes between consumers and traders.

Court System

In Malta, mediation has gained prominence as a compulsory step in family law matters, especially those related to divorce, separation, and child custody. Parties involved in family law disputes are required to attend mediation sessions before their case can proceed to court. Compulsory mediation will also be introduced in proceedings before certain tribunals. Court-annexed mediation programs are actively promoted by courts.

Mediator Regulations

The Malta Mediation Centre oversees mediator standards and practices. Professional mediators are trained to assist parties in conflict to communicate, identify their interests, and work towards mutually acceptable resolutions. The Mediation Act provides the legal framework for mediator qualifications and ethical standards. Legal professionals can assist through the mediation process.

Cultural Approach

The Maltese legal system has recognised the value of mediation in helping families navigate complex issues while minimizing the adversarial nature of litigation. Mandatory mediation in family law matters reflects institutional commitment to ADR. The process is designed to encourage communication and compromise between parties. EU emphasis on ADR has influenced Maltese approach.

Typical Costs

Mediation typically more cost-effective than traditional litigation. Malta Mediation Centre determines fee structures. Professional mediator fees generally range from EUR 150-400 per hour for commercial mediation and EUR 100-250 per hour for family mediation. Costs typically shared between parties unless otherwise agreed. EU funding may support certain ADR services.

States and Regions