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A critical evaluation of judicial mediation in Malawi
Includes bibliographical references
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| Main Author: | |
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| Other Authors: | |
| Format: | Thesis |
| Language: | English |
| Published: |
Department of Commercial Law
2014
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| _version_ | 1867613233802641408 |
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| access_status_str | Open Access |
| author | Kapanda, Frank Edgar |
| author2 | Rycroft, Alan |
| author_browse | Kapanda, Frank Edgar Rycroft, Alan |
| author_facet | Rycroft, Alan Kapanda, Frank Edgar |
| author_sort | Kapanda, Frank Edgar |
| collection | Thesis |
| description | Includes bibliographical references |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/9167 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:32:52.713Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2014 |
| publishDateRange | 2014 |
| publishDateSort | 2014 |
| publisher | Department of Commercial Law |
| publisherStr | Department of Commercial Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/9167 A critical evaluation of judicial mediation in Malawi Kapanda, Frank Edgar Rycroft, Alan Debbie, Collier Includes bibliographical references This dissertation considers the place of mediation within the constitutional framework of Malawi, with particular reference to the High Court (Commercial Division) (Mandatory Mediation) Rules, 2007 (the Commercial Division mediation rules). These rules prescribe the process of mediation that is presided over by the Judges of the Commercial Division. Of particular interest is the question whether the High Court mandatory mediation rules are in keeping with the spirit and purpose of mediation. Further, the research critically examines the current practice of mediation in the Commercial Division. On 18 May 1994 Malawi adopted a Constitution which is founded on various underlying principles and policies. These include a commitment to actively promote the welfare and development of the people of Malawi by adopting and implementing policies and legislation aimed at achieving the peaceful settlement of disputes. In order to achieve this goal an attempt has been made to adopt mechanisms by which differences can be settled through negotiation, good offices, mediation, conciliation and arbitration. In particular, Malawi through its judicial arm of government has adopted mediation as part of the process of settling disputes.3 Further, in 2007, the Malawi judiciary established the Commercial Division to deal with commercial matters. The jurisdiction of the Commercial Division is provided under Rule 5 of the High Court (Commercial Division) Rules (the Commercial Division rules).4 And, through subsidiary legislation the Malawi Judiciary has what are called the Commercial Division mediation rules. Accordingly, it is expected that, except where the rules allow it, every matter that comes before the Commercial Division must first go through a process of mediation. Such a process has to be overseen by Judges who sit in the Commercial Division 2014-11-05T03:54:00Z 2014-11-05T03:54:00Z 2013 Master Thesis Masters LLM http://hdl.handle.net/11427/9167 eng application/pdf Department of Commercial Law Faculty of Law University of Cape Town |
| spellingShingle | Kapanda, Frank Edgar A critical evaluation of judicial mediation in Malawi |
| thesis_degree_str | Master's |
| title | A critical evaluation of judicial mediation in Malawi |
| title_full | A critical evaluation of judicial mediation in Malawi |
| title_fullStr | A critical evaluation of judicial mediation in Malawi |
| title_full_unstemmed | A critical evaluation of judicial mediation in Malawi |
| title_short | A critical evaluation of judicial mediation in Malawi |
| title_sort | critical evaluation of judicial mediation in malawi |
| url | http://hdl.handle.net/11427/9167 |
| work_keys_str_mv | AT kapandafrankedgar acriticalevaluationofjudicialmediationinmalawi AT kapandafrankedgar criticalevaluationofjudicialmediationinmalawi |