Mediation in Namibia

Quick Facts

• Legal Framework: Mediation and arbitration are available as alternative dispute resolution mechanisms in Namibia. Judge Petrus Damaseb established court-related mediation in Namibia. Since June 2014, some 57% of cases...
• Cultural Approach: ADR has gained much force in recent years in Namibia. The process is designed to be effective and fast track, saving legal costs. Parties first try to resolve disputes amicably through mediation. If m...
• Typical Costs: Mediation and arbitration are cost-effective compared to litigation. The ADR Forum designs expeditious, efficient and cost-effective procedures tailor-made for parties' cases. Parties select arbitrato...

Mediation Research

Legal Framework

Mediation and arbitration are available as alternative dispute resolution mechanisms in Namibia. Judge Petrus Damaseb established court-related mediation in Namibia. Since June 2014, some 57% of cases referred to mediation under the new High Court rules settled, resulting in litigation cost savings. ADR Forum provides commercial and civil mediation and arbitration services. Parties can select their mediator or arbitrator of choice.

Court System

The High Court rules facilitate court-related mediation. Parties to court litigation may at any time prior to judgment agree to stay litigation pending their attempt to resolve disputes by mediation according to ADR Forum rules. If disputes are settled, settlements can be made orders of court in the stayed proceedings. Courts encourage ADR as an alternative to litigation.

Mediator Regulations

Mediators and arbitrators are appointed by parties or by Mediation Namibia if parties fail to agree on appointment. Professional standards are maintained through ADR Forum and Mediation Namibia. Arbitrators can be specialists, experts or professionals in their field of expertise and can be lawyers if required but are not court judges. Further research needed on specific mediator certification processes.

Cultural Approach

ADR has gained much force in recent years in Namibia. The process is designed to be effective and fast track, saving legal costs. Parties first try to resolve disputes amicably through mediation. If mediation fails, parties continue with arbitration. Direct arbitration is available when parties clearly cannot resolve disputes amicably or refuse to communicate. Focus on reaching amicable solutions agreeable to both parties.

Typical Costs

Mediation and arbitration are cost-effective compared to litigation. The ADR Forum designs expeditious, efficient and cost-effective procedures tailor-made for parties' cases. Parties select arbitrators having training and experience proportionate to case requirements. Savings in costs through efficient procedures. Specific mediator fee schedules determined by ADR Forum and Mediation Namibia rules. Costs typically shared between parties unless otherwise agreed. Mediation generally costs significantly less than full court proceedings.

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