Mediation in Seychelles

Quick Facts

• Legal Framework: International arbitration in Seychelles is primarily governed by the Commercial Code of Seychelles Chapter 38 (1 January 1977) Title IX and supplemented by the Seychelles Code of Civil Procedure Chapt...
• Cultural Approach: The approach to dispute resolution follows civil law traditions with influence from French Code of Civil Procedure. The legal framework provides for arbitration and compromise as alternatives to litig...
• Typical Costs: Costs determined by statutory provisions and institutional rules. Arbitration agreements require parties to consent to arbitration as preferred method. Costs typically shared between parties unless ot...

Mediation Research

Legal Framework

International arbitration in Seychelles is primarily governed by the Commercial Code of Seychelles Chapter 38 (1 January 1977) Title IX and supplemented by the Seychelles Code of Civil Procedure Chapter 213 (15 April 1920, as amended). The domestic arbitration regime is contained in Title IX Articles 110 to 150 of the Commercial Code 1977. Article 110 provides that any dispute arising from specific legal relationship may be subject to arbitration agreement subject to Civil Code compromise rules.

Court System

Section 205 of the Code of Civil Procedure provides that courts may with consent of both parties refer a dispute to arbitration. The court may order suit to be referred to arbitration to such person or persons and in such manner and on such terms as the court shall think reasonable. Such reference shall not be revocable except with consent of the court. Certain matters must be referred to Attorney General including guardianship of minors.

Mediator Regulations

Mediation is regulated under the Civil Code compromise provisions Articles 2044 to 2058. A compromise is a contract whereby parties put end to dispute already begun or prevent dispute from arising. A person may compromise any rights of which he can freely dispose. This contract must be in writing. Professional standards maintained through legal practitioners. Further research needed on specific mediator certification processes.

Cultural Approach

The approach to dispute resolution follows civil law traditions with influence from French Code of Civil Procedure. The legal framework provides for arbitration and compromise as alternatives to litigation. Further research needed on specific cultural approaches to mediation.

Typical Costs

Costs determined by statutory provisions and institutional rules. Arbitration agreements require parties to consent to arbitration as preferred method. Costs typically shared between parties unless otherwise agreed. Professional mediator fees generally range from SCR 500-1500 per hour for commercial mediation. Mediation through Civil Code compromise provisions may be more cost-effective than litigation. Legal practitioners determine fees based on case complexity.

States and Regions