Memorandum Private Mediation Legal Framework

MARC Commission for Strategy and Development presents Memorandum on The Need for a Private Mediation Legal Framework in Mauritius

08 Dec 2015
Memorandum Private Mediation Legal Framework

A Memorandum on the Need for a Private Mediation Legal Framework was officially presented by Mr Azim Currimjee, Vice-President of the MCCI during a press conference held on 8 December 2015. The Memorandum has been officially communicated to the State Law Office and other relevant public authorities in an endeavor to encourage Government to adopt a legal framework for private mediation and to promote greater awareness and use of mediation among professionals and business operators. The Memorandum, which was elaborated by members of the MARC Commission for Strategy and Development, purports to propose a legal framework which better defines issues such as confidentiality, the procedure for recognition and enforcement of mediation settlement agreements, the ethical conduct of mediation proceedings, and the mediator's ethics. During his welcome address, Mr. Currimjee expressed his sincere hope, on behalf of the MCCI and the MARC Commission that the Memorandum will help pave the way towards more efficient dispute resolution among business operators, for the ultimate benefit of commerce, investment and economic development in Mauritius and the Region.

Patrick Van Leynseele, a MARC Mediation and Arbitrator who also participated in the drafting of the Memorandum intervened during the conference to emphasise the importance of having a strong legal framework in place to secure proper practice of mediation. Patrick Van Leynseele is the former chairman of the ADR Commission of the Brussels Bar and member of the ADR Commission of the Belgian French-German Bar Association and has participated in the drafting of all texts relating to the use of mediation in commercial disputes in Belgium.

 

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