House body OKs mediation program

A proposal seeking to validate Commonwealth rules that would employ court-appointed certified mediators to step into disputes between conflicting parties has won the approval of the House Committee on Judiciary and Governmental Operations.

Recognizing the merits of out-of-court settlements that promote and preserve pleasant relations between dissenting individuals, the Committee has recommended that the House of Representatives approve the measure.

In a report submitted to House Speaker Benigno R. Fitial, JGO committee members cited that the mediation program will be helpful in enhancing an amiable resolution to disputes, particularly in small and close-knit communities in the Northern Marianas.

Supreme Court Chief Justice Miguel Demapan has indicated that the “mediation” process, as opposed to “arbitration” allows an impartial third party to find a mutually-accepted compromise between the opposing entities.

In a discussion with legislators, the chief justice said the mediation program is in concert with island culture and customs, and could facilitate warring parties to settle their differences through an amicable mediated arrangement over a lengthy, costly and an inflamed litigation process.

The proposed rules for mediation establishes strict qualifications for mediators, who are certified by the Chief Justice or his designee. As prerequisites, the mediators must be persons of high integrity and god moral/ethical character, and shall conduct mediation activities in a responsible and professional manner, in the name of fairness and impartiality.

The rules further stipulate that settlements shall be reached without coercion or improper influence.

Furthermore, a mediator is required to maintain appropriate demeanor, preserving confidentiality of his or her encounters with the dissenting entities at all times.

The court-appointed expert is also expected to recluse him/herself in “conflict of interest” situations.

The implementation of the mediation program requires no appropriation from the government as services of certified mediators are on voluntary and non-compensatory basis, the committee cited.

The “Commonwealth Rules Governing Court-appointed Certified Mediators” has been submitted for legislative action and unless disapproved by the lower house or the Senate, the rules will take effect in 60 days from the date of submission.

The 60-day consideration period of the proposed rules expires on Feb. 20, 2001.