Supreme Court Introduces New Mediation Procedures

The Supreme Court has issued Regulation No. 1 of 2016 on Mediation Procedures in Courts(“2016 Regulation”). In essence, the 2016 Regulation redefines the mediation process – a procedural stage that must be undertaken before a case’s subject matter can be reviewed by the appointed panel of judges – with the aim in mind of saving time and money, both for the court and also for the disputing parties.Prior to the 2016 Regulation, these matters were regulated under Supreme Court Regulation No. 1 of 2008 on Mediation Procedures in Court(“2008 Regulation”).The 2016 Regulation is of relevance to parties involved in civil disputes which are being processed through district courts and religious courts. [1] ApplicabilityThe various mediation provisions set out under the 2016 Regulation are applicable only to civil cases being processed under the jurisdiction of public district courts and religious courts. [2] It should be noted that not all civil cases are required to undergo a process of mediation, this includes cases with the following characteristics: [3]