ACT No. VIII of 2017 AN ACT to amend the Mediation Act, Cap. 474, and for other matters ancillary thereto or connected therewith.

I assent.

M ARIE- L OUISE

(L.S.)

C OLEIRO P RECA

President

24 th February, 2017

ACT No. VIII of 2017

AN ACT to amend the Mediation Act, Cap. 474, and for other

matters ancillary thereto or connected therewith.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same as follows:-

(1) The short title of this Act is the Mediation

(Amendment) Act, 2017, and this Act shall be read and construed as

one with the Mediation Act, hereinafter referred to as "the principal

Act".

(2) The provisions of clauses 2, 3, 4 and 5 shall come into force

on such date as the Minister responsible for justice may by order in the

Gazette establish and different dates may be established in respect of

different provisions and different purposes of this Act.

Sub-article (3) of article 17A of the principal Act shall be Amendment of

article 17A of

substituted by the following

the principal

Act.

"(3) For the purposes of sub-articles (1) and (2), domicile

shall be determined, amongst other provisions, in accordance

with Articles 59 and 60 of Council Regulation (EC) 44/2001

and Articles 61, 62 and 63 of Council Regulation 1215/2012 on

jurisdiction and the recognition and enforcement of judgments

in civil and commercial matters.".

Immediately after article 17B of the principal Act there Addition of new

article to the

shall be added the following new article

principal Act.

" Video

L-artikolu 28 tal-Att prinċipali għandu jiġi sostitwit b’dan

li ġej

" Tmiem tal-

Nothing in this Act shall restrict the

conference or

mediator and the parties from holding oral

other distance

hearings of the mediation through video

communication

technology.

conference or other distance communication

technology if the technical means are available,

and if the parties and the mediator so agree. All

discourse made by way of such distance

communication technology shall remain

confidential in accordance with the provisions of

article 27.".

4. Article 28 of the principal Act shall be substituted by the Substitution of

article 28 of the

following

principal Act.

" Termination

A mediation ends when any one of

of mediation.

the following conditions is satisfied

(a)

the parties to the mediation

execute a written agreement that resolves

the dispute in whole or in part;

(b) the mediator communicates a

written notification which is signed by him

to the parties stating that the mediation is

terminated or words to that effect;

(c)

if, in the opinion of the

mediator, or of any of the parties, the

parties cannot arrive at a solution to their

dispute;

(d) if one of the parties elects not

to continue with the mediation process,

and notifies the other parties and the

mediator of his intention; and

(e)

if the period of one hundred

and twenty days have elapsed from the

registration of the compulsory mediation,

or if the conditions as stipulated under

article 34(7) have been satisfied, then such

compulsory mediation shall be terminated

ipso jure.".

5. Immediately after article 32 of the principal Act there shall

Addition of new

articles to the

be added the following new articles

principal Act.

(1) Mediation shall be compulsory

" Compulsory

mediation.

before such Courts, Tribunals or Boards, or in

respect of litigation of a particular nature, as the

Minister may order and prescribe in the Gazette in

accordance to article 17A(1)(c).

(2) The Minister may make regulations to

implement and to give better effect to the

provisions of this Act and may, without prejudice

to the generality of the foregoing -

(a)

make

such

amendments,

alterations, deletions, repeals, corrections,

additions, changes and modifications to any

primary law or subsidiary law for the

purpose of bringing such primary law or

subsidiary law in conformity with the

provisions of this Act; and

(b) establish the date of entry into

force of the amendments, alterations,

deletions, repeals, corrections, additions,

changes and modifications referred to in

paragraph (a) with regard to any Court,

Tribunal or Board referred to in sub-article

(1) that the Minister may by regulations

specify.

(1) Without prejudice to the provisions

Proceedings

before the Rent

of article 16A of the Reletting of Urban Property

Regulation

Board.

(Regulation) Ordinance, any party wishing to

proceed to initiate a suit before the Rent

Regulation Board shall first request authority to

proceed from the Rent Regulation Board (Malta)

or the Rent Regulation Board (Gozo), as the case

may be, to the Malta Mediation Centre,

hereinafter referred to as "the Centre", by filing a

letter to that effect in the Registry of the Board

with his claims together with copies for the

Registry of the Board to effect service upon the

Centre and upon the respondent parties, so that the

said mediation may be assigned to a mediator in

terms of this Act.

(2) Until such compulsory mediation is

terminated, the Court, Tribunal or Board

mentioned in article 33(1) shall not take

cognizance of that application.

(3) In furtherance of the provisions of

article 5, a mediator shall be appointed within

fifteen days from the filing of the letter in the

records of the case. The mediator shall mediate

with the parties within sixty days from receipt of

the records, provided that by mutual consent the

parties may agree to extend, even orally, the said

period by a further sixty days. Should the period

be extended, and one hundred and twenty days

have elapsed from the registration of such

compulsory mediation, then in such case the

mediator shall terminate the mediation.

(4) Once a mediation under this article is

unsuccessfully terminated in whole or in part by

the mediator, it shall be lawful for a party to bring

an application before the Rent Regulation Board

(Malta) or the Rent Regulation Board (Gozo), as

the case may be, on the grounds in dispute or on

the outstanding grounds where no agreement has

been reached, within sixty days from the date

when such compulsory mediation is terminated

under any of the circumstances mentioned in

article 28.

(5) If an agreement has been reached

before the mediator, the mediator shall, through

the Registrar of the Centre, inform the Registrar

of the Court, Tribunal or Board mentioned in

article 33(1) accordingly, within twenty days from

the conclusion of such an agreement that the

parties have executed a written agreement that

resolves in whole or in part the dispute. Such

agreement shall remain confidential unless the

parties agree otherwise.

(6) If recourse to mediation has already

been resorted to by the parties before the actual

filing of the application for the commencement of

proceedings before the Board, the Board shall

appoint the application for hearing without the

need of a further mediation. The plaintiff shall

inform the Board regarding the termination of the

mediation by presenting a certificate certifying

that the mediation has terminated.

(7) Without prejudice to the provisions of

article 28, where any party during the compulsory

mediation process, and after the first appointment

has been held by the mediator, lodges a

declaration or letter whereby he informs the

mediator, the other party or parties to the

mediation, as the case may be, the Registry to the

Board and the Centre that there is no prospect for

an agreement, such compulsory mediation shall be

deemed terminated ipso jure. In such case, the

parties to the mediation may then seek recourse by

way of an application to the Rent Regulation

Board (Malta) or the Rent Regulation Board

(Gozo), as the case may be, within sixty days

when such compulsory mediation is terminated.

(8) Should the parties require the

assistance of an expert during the compulsory

mediation process, the parties may appoint such

expert. The expenses for the appointment of the

expert shall be apportioned equally between the

parties to the mediation, unless the parties agree

otherwise. The report and conclusions of the

expert shall remain confidential, as they form an

integral part of the mediation process, subject to

those exceptions indicated under article 27.

(9) In accordance to Council Directive

2002/8/EC, the parties may request legal aid

counsel during the compulsory mediation process,

so long as such parties are eligible according to

law.

The Minister may from time to time

Regulations.

make regulations providing for or allowing -

(a)

the making of mediation letters

by means of electronic equipment;

(b) the transmission and service by

means of electronic equipment;

(c)

the fees that may be charged in

connection with the use of such electronic

means,

and for such other matters incidental or

consequential thereto.".

6. Article 647A of the Criminal Code shall be amended as Consequential

amendment of

the Criminal

Code.

(a)

the current article shall be re-numbered as sub-

article (1) thereof; and

(b)

immediately after sub-article (1) thereof there shall

be added the following new sub-article

''(2) The Court may also allow for the testimony of

any witness even if present in Malta to be given by video

conference or by teleconference from such place as the

Court may order and subject to such conditions and

directions as the Court may deem necessary

Provided that the Minister responsible for

justice may, by regulations, provide for any procedures,

formalities, modalities or restrictions which are to apply

to the taking of evidence in Malta in respect of

proceedings in Malta by video conference or by

teleconference and where the Minister makes such

regulations the said regulations shall apply and any

conditions or directions given by the Court under this

sub-article shall not conflict with such regulations.''.

7. The Code of Organization and Civil Procedure shall be Consequential

amendments to

amended as follows

the Code of

Organization

and Civil

(a)

immediately after article 171 thereof, there shall be

Procedure.

added the following new article

171A. On the day appointed for the first

hearing, the Court shall examine prima facie

whether, due to circumstances of the particular

case, there are grounds to refer the issue to

mediation, and the following provisions shall

apply

(a)

the Court shall give a decree to the

effect, in camera, on the appointed day itself;

(b) the provisions of article 18 of the

Mediation Act shall apply when the Court

decrees that an attempt should be made to

resolve the dispute by means of mediation;

(c)

no appeal shall lie against Court

decree, delivered in terms of paragraph (a);

and

(d) the provisions of this article shall

not apply in instances when an obligation to

resort to mediation arises under another law or

in cases of judicial review under article 469A

or in cases where the Civil Court acts in its

constitutional jurisdiction.";

(b) immediately after article 468A thereof, there shall

be added the following new article

468B. The Minister may make regulations and

prescribe schemes which promote mediation and

out of court settlement schemes which involve the

Government, thereby also promoting principles in

line with Commission Recommendations 2001/310/

EC."; and

(c)

article 622B thereof shall be amended as follows

(i) the current article shall be re-numbered as sub-

article (1) thereof; and

(ii) immediately after sub-article (1) thereof there

shall be added the following new sub-article

''(2)

The Court may also allow for the

testimony of any witness even if present in Malta to

be given by video conference or by teleconference

from such place as the court may order and subject to

such conditions and directions as the court may deem

necessary

Provided that the Minister responsible

for justice may, by regulations, provide for any

procedures, formalities, modalities or restrictions

which are to apply to the taking of evidence in Malta

in respect of proceedings in Malta by video

conference or by teleconference and where the

Minister makes such regulations the said regulations

shall apply and any conditions or directions given by

the Court under this sub-article shall not conflict with

such regulations.''; and

(d) immediately after article 833A thereof, there shall

be added the following new article

833B. Where a letter has been lodged in

accordance with article 34 of the Mediation Act,

there may also thereupon be filed the precautionary

warrants referred to in article 830(1)(a), (b) and (d)

Provided that when such letter is filed in

accordance with article 34 of the Mediation Act, the

applicant shall nonetheless attach a copy of such

letter in the acts of the precautionary warrant, and

such warrant shall conform with the provisions of

Title VI of Book Third of this Code.".

8. Article 2160 of the Civil Code shall be amended as Consequential

amendment to

the Civil Code.

(a)

in sub-article (3) thereof, the words "Where a party"

shall be substituted with the words "In proceedings for the

collection of debts referred to in the proviso to article 2156,

where a party"; and

(b)

sub-article (4) thereof shall be deleted.

Passed by the House of Representatives at Sitting No. 482 of the

14 th February, 2017.

A NĠLU F ARRUGIA

Speaker

R AYMOND S CICLUNA

Clerk of the House of Representatives

€0.90