Mediation in Samoa

Quick Facts

• Legal Framework: Alternative Dispute Resolution Act 2007 provides comprehensive framework for ADR. ADR means any process used to resolve disputes between parties in civil and criminal proceedings outside usual Court-b...
• Cultural Approach: Alternative Dispute Resolution Act 2007 provides framework for resolving disputes outside usual Court-based litigation model. Includes mediation, arbitration, judicial settlement, reconciliation and c...
• Typical Costs: ADR designed to resolve disputes outside usual Court-based litigation model. Costs determined by Act provisions and institutional rules. Costs typically shared between parties unless otherwise agreed....

Mediation Research

Legal Framework

Alternative Dispute Resolution Act 2007 provides comprehensive framework for ADR. ADR means any process used to resolve disputes between parties in civil and criminal proceedings outside usual Court-based litigation model. Includes processes of mediation, arbitration, judicial settlement, reconciliation and conciliation applied in accordance with Act. Mediation Council established under Act. Mediation rules 2013 now in action following Alternative Dispute Resolution Amendment Act 2013. Commercial legal disputes can now be handled outside of Samoan court system.

Court System

Alternative Dispute Resolution Act 2007 provides framework for ADR outside usual Court-based litigation model. Courts may make orders or directions for mediation with or without consent of parties. Pre-trial orders may require parties to attempt ADR before proceeding. Mediation Council established to oversee ADR processes. Further research needed on specific court-annexed mediation programs.

Mediator Regulations

Mediation Council established under Alternative Dispute Resolution Act 2007 to oversee ADR processes. Mediation rules 2013 now in action provide detailed procedural framework. Professional standards established through legal framework and Mediation Council oversight. Further research needed on specific mediator certification processes and training requirements.

Cultural Approach

Alternative Dispute Resolution Act 2007 provides framework for resolving disputes outside usual Court-based litigation model. Includes mediation, arbitration, judicial settlement, reconciliation and conciliation. Commercial legal disputes can now be handled outside of Samoan court system. The approach values alternative dispute resolution mechanisms for efficient resolution. Cultural context values community-based resolution alongside formal processes.

Typical Costs

ADR designed to resolve disputes outside usual Court-based litigation model. Costs determined by Act provisions and institutional rules. Costs typically shared between parties unless otherwise agreed. Professional mediator fees generally range from WST 50-200 per hour for commercial mediation. Mediation Council may establish fee schedules for court-annexed mediation. Community-based mediation may operate at minimal cost.

States and Regions