Mediation-a legal dispute settlement alternative in Namibia

Abstract

Abstract provided by author

This paper deals with the aspect and principles of mediation and most importantly, its applicability in Namibian society. Like the name of the topic already suggests 'Mediation-an alternative dispute resolution' this thesis deals and goes into a detailed study with the possibility of mediation acting as an alternative dispute resolution

Chapter 1 of the thesis describes the mechanisms and principles of mediation. This is done to give the reader the possibility to get better acquainted with the subject matter. The first chapter also acts as an introduction to the whole movement of mediation

The 2nd chapter is shorter than the first one and mainly concentrates on mediation from a modern legal procedural point of view and in the same breath compares it to customary law aspects of mediation in Namibia. This is done in order to ascertain whether mediation also forms part of customary law and to what extent mediation has been used (by traditional authorities) to resolve disputes

The 3rd chapter deals with the contemporary aspects of mediation in Namibia. In this chapter the practical aspect of mediation is looked at. The views of professionals (e.g. lawyers, prosecutors, etc) is been tacking into account in order to ascertain mediations feasibility in Namibia. The 4th and final chapter deals with the scope of application of mediation in Namibia. This chapter deals with the valuable uses that mediation can have in Namibia once used.