Mediation in Sierra Leone

Quick Facts

• Legal Framework: The Arbitration Act CAP 25 of the Laws of Sierra Leone 1960 governs arbitration. Sierra Leone ratified the New York Convention on November 9, 2018 becoming the 160th member and 36th African country. T...
• Cultural Approach: The cultural approach to dispute resolution reflects traditional practices alongside formal legal mechanisms. Elders in conflict management and peacemaking among the Mende utilise traditional dispute ...
• Typical Costs: Arbitration gradually becoming medium for dispute resolution. Costs determined by statutory provisions and institutional rules. Traditional dispute resolution through elders may involve customary comp...

Mediation Research

Legal Framework

The Arbitration Act CAP 25 of the Laws of Sierra Leone 1960 governs arbitration. Sierra Leone ratified the New York Convention on November 9, 2018 becoming the 160th member and 36th African country. The Convention came into force 90 days after deposit of instrument of ratification. Arbitration is gradually becoming a medium for resolution of disputes between contracting parties. Parties frequently include clause in contracts for referral of disputes to arbitration.

Court System

Under the Arbitration Act, the High Court of Sierra Leone will stay proceedings where there is valid arbitration submission/clause providing for arbitration, provided it is satisfied there is no sufficient reason why matter should not be referred to arbitration and that party applying for stay was not in default when proceedings commenced. Elders in conflict management and peacemaking among Mende utilise negotiation, mediation, arbitration and reconciliation.

Mediator Regulations

Elders in conflict management and peacemaking among the Mende utilise mechanisms of negotiation, mediation, arbitration and reconciliation. Professional standards for formal mediators may follow common law traditions. Further research needed on specific mediator certification processes and formal regulatory framework.

Cultural Approach

The cultural approach to dispute resolution reflects traditional practices alongside formal legal mechanisms. Elders in conflict management and peacemaking among the Mende utilise traditional dispute resolution methods. The approach values traditional peacemaking processes alongside modern arbitration. Further research needed on specific cultural approaches to formal mediation.

Typical Costs

Arbitration gradually becoming medium for dispute resolution. Costs determined by statutory provisions and institutional rules. Traditional dispute resolution through elders may involve customary compensation mechanisms. Costs typically shared between parties unless otherwise agreed. Professional mediator fees generally range from SLL 500,000-2,000,000 per hour for commercial mediation. Community-based mediation by elders often operates on minimal or no cost basis.

Sources

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• New York Convention - Sierra Leone (organization)
• Singapore Convention on Mediation - Jurisdictions (organization)

States and Regions