|
Injia advises on mediation
By FRANK RAI
MEDIATION is the main form or method of dispute resolution in the
country, acting Chief Justice Sir Salamo Injia says.
Sir Salamo told participants gathered at the 2007 National Village Court
and Land Mediation summit on Monday that the judiciary was searching for
better ways to deal with cases that ensure disputing parties reach
lasting settlements to achieve a win-win situation themselves.
He said the alternative dispute resolution process (ADR) had put
emphasis on getting disputing parties to settle their grievances outside
of courts, adding that this was a traditional form of settlement in PNG,
even before the courts were introduced.
“There is a growing tendency for all manner of disputes to be taken to
all levels of courts without exhausting alternative methods of settling
disputes amicably through peaceful means outside court,” Sir Salamo
said, adding that in the process, courts have been loaded with cases
many of which never get heard.
He said the Government’s effective management of resources depended on
the substantive and procedural law which the Government enacted to
settle disputes.
“Disputes are normal as it is part of life but it becomes a problem when
they are not promptly and effectively settled,” he said.
Sir Salamo said despite whatever level of dispute, they should all be
addressed by an ADR method enacted in both the lower and higher courts
to decrease backlog of reviews cases which never got to be heard.
He said in some countries like Australia, England, New Zealand,
Singapore and Malaysia, mediation was adopted as part of the formal
court process, where studies had shown that 60% of registered cases were
settled through mediation.
 
|
