Malta has a modern legal system allowing for several procedures to be employed in case of litigation. The judicial system is comprised of several courts dealing with various legal issues. Apart from the traditional judicial procedures, Malta also offers two modern dispute resolution alternatives: mediation and arbitration. These last two are also known as alternative dispute resolution (ADR) methods. Even if court litigation is still one of the strongest form of dispute settlement in civil matters in Malta, arbitration and mediation have started to become popular among companies involved in litigation cases. A particularity of dispute resolution in Malta are tribunals handling cases related to specific areas of the law, such as employment or financial litigation.
Alternative dispute resolution in Malta
Even if they are both ADR methods, arbitration and mediation are quite different. Arbitration falls under the regulations of the Maltese Arbitration Act which gathers a series of regulations applicable at international level. Arbitration is used in commercial disputes as it is more flexible and cheaper. Arbitration proceedings imply the appointment of a third party, called an arbitrator, who, based on the evidence gathered from the litigant parties, gives an award.
Mediation, on the other hand, is more often employed in civil matters. In the case of divorce, mediation is mandatory and is also regarded as part of the divorce proceedings. Mediation in Malta is used as a dispute resolution method that helps parties to reach an agreement without issuing any rulings.
For representation in any litigation matters you can also request the services of our attorneys in Malta.
Alternative dispute resolution schemes in Malta
In order to facilitate dispute resolution, Malta has enabled several tribunals and boards. Under this scheme, consumers can appeal to one of the following organization in order to benefit from simple proceedings related to their claims:
- – the Department of Consumer Affairs within the Consumer and Competition Division,
- – the Malta Financial Services Authority.
The Small Claims Tribunal and the Consumer Complaints Tribunal are also specialized in specific dispute cases.
For additional information about all available ADR methods, do not hesitate to contact our law firm in Malta.