Review Alternative Dispute Resolution process

THE introduction of the Alternative Dispute Resolution (ADR) Court or mediation into our Judiciary system of this country is not a new concept but its implementation in this county is gaining momentum.

While the process has produced many good results, it is also important to point out some areas of concern.

One of these is that some people are using the process I think to ambush, side step or perhaps unjustly enrich them.

Let me give an example:  Landowners of oil and gas are now frequenting the National and Supreme Courts of PNG and we read about that every day in the papers and see in the news.  

As far as I can understand, at this stage, the State has not identified landowners of these oil and gas fields in the highlands.  But the landowners are going to the National Court and a good number of the cases are pending ADR or mediation.

The first problem I see is that since the National Court does not have jurisdiction to deal with traditional landownership issue. 

I think the Court does not have the power in the first place to refer matter to ADR on any matter where traditional landownership is in issue.

The danger or risk with such practise now is that one or fewer landowners come to Port Moresby and file National Court case.  

These landowners (including paper landowners), without the knowledge of the majority of the landowners back at home, agree with the State entities (who are named as defendants) and refer matters to mediation and after that they (the one or few landowners and the state entities) agree on matters with the mediators on matters or issues without the knowledge or consent of the majority of the landowners back in the village who have no knowledge of what is happening over their land.

I think this is dangerous.  

Citizen , Via email