Mediation in Zambia

Quick Facts

• Legal Framework: Zambia has developed a comprehensive legal framework for Alternative Dispute Resolution, encompassing arbitration, mediation, and conciliation. The Arbitration Act No. 19 of 2000 governs domestic and ...
• Cultural Approach: Zambia's ADR framework is characterised by a robust legal foundation, institutional support, and active engagement in international ADR conventions. The introduction of court annexed mediation, the es...
• Typical Costs: Costs determined by Arbitration Act provisions and institutional rules. Costs typically shared between parties unless otherwise agreed. Professional mediator fees generally range from ZMW 500-2,000 pe...

Mediation Research

Legal Framework

Zambia has developed a comprehensive legal framework for Alternative Dispute Resolution, encompassing arbitration, mediation, and conciliation. The Arbitration Act No. 19 of 2000 governs domestic and international commercial arbitration in Zambia and is based on the UNCITRAL Model Law, providing a structured approach to arbitration proceedings including recognition and enforcement of arbitral awards. The Arbitration (Court Proceedings) Rules, Statutory Instrument No. 75 of 2001, supplement the Arbitration Act by providing procedural guidelines for court related arbitration matters. The Arbitration (Code of Conduct and Standards) Regulations, Statutory Instrument No. 12 of 2000, establish ethical standards and conduct expectations for arbitrators. Statutory Instruments No. 72 and 73 of 2018 introduced court annexed mediation in both the High Court and Subordinate Court, recognising party autonomy and allowing parties to choose their mediator from a list of accredited mediators. The Industrial and Labour Relations Act, Chapter 269, provides for conciliation of collective disputes in the labour and employment sector.

Court System

The High Court Rules (Order 31, Rule 4) mandate that, except in certain cases, every action may be referred by the trial judge for mediation upon being set down for trial. The Subordinate Court Rules (Order 43, Rule 17(1)) provide that a court may, at any time before the hearing of a civil matter but after the defendant has filed a defence, refer the matter for mediation. The judiciary is increasingly relying on mediation to resolve disputes, with 511 cases successfully settled through ADR in 2025 out of 1,540 matters referred to mediation across the High Court and Subordinate Courts.

Mediator Regulations

Statutory Instruments No. 72 and 73 of 2018 introduced court annexed mediation and recognised party autonomy, allowing parties to choose their mediator from a list of accredited mediators. The Chartered Institute of Arbitrators – Zambia Branch (CIArbZB) is the principal institution for ADR in Zambia, offering training, accreditation, and promoting the use of arbitration and mediation.

Cultural Approach

Zambia's ADR framework is characterised by a robust legal foundation, institutional support, and active engagement in international ADR conventions. The introduction of court annexed mediation, the establishment of the Lusaka International Arbitration Centre, and the recognition of party autonomy reflect Zambia's commitment to providing accessible and effective alternatives to traditional litigation.

Typical Costs

Costs determined by Arbitration Act provisions and institutional rules. Costs typically shared between parties unless otherwise agreed. Professional mediator fees generally range from ZMW 500-2,000 per hour for commercial mediation. Court-annexed mediation may have subsidized fee structures. Lusaka International Arbitration Centre provides international standard fee schedules.

Sources

• Alternate Dispute Resolution Law at Zambia (organisation)
• Alternative dispute resolution gains ground as Zambia judiciary settles 511 cases through mediation in 2025 (news)
• New York Convention - Zambia (organisation)
• Singapore Convention on Mediation - Jurisdictions (organisation)

States and Regions