Browsing by Author "MALIK, Chileleko Adam"

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    An Analysis of the Commercial Mediation Framework in Zambia: Lessons from India for Enhancing Legislative Regulation
    (2026) MALIK, Chileleko Adam
    This study critically examined the current state of commercial mediation in Zambia, identifying the legal and institutional challenges that have hindered its development and effectiveness as a dispute resolution mechanism. Although mediation has been recognised within Zambia’s judicial reforms and procedural rules, its practice remains largely limited to court-annexed processes, leaving privately initiated commercial mediation without a coherent legislative foundation. The absence of a comprehensive legal framework has led to uncertainties surrounding the enforceability of mediated settlements, accreditation of mediators, and cross-border recognition of agreements. Through a comparative legal analysis, this research draws lessons from India’s Mediation Act, 2023, which provides a unified, enforceable, and institutionally supported system for commercial mediation. The study highlights how India’s approach, particularly its emphasis on enforceability, accreditation standards, confidentiality, and pre-litigation mediation, can inform Zambia’s legislative reform efforts. Employing a qualitative methodology, the study analyses statutes, case law, policy documents, and academic literature to identify key structural and procedural gaps in Zambia’s current mediation landscape. The findings reveal that Zambia requires a standalone Mediation Act that consolidates existing fragmented provisions, establishes a regulatory authority, and aligns national practice with international standards such as the UNCITRAL Model Law and the Singapore Convention on Mediation. The study concludes that enacting a comprehensive legal framework would enhance business confidence, reduce court congestion, and promote a culture of amicable dispute resolution, ultimately positioning commercial mediation as a viable, efficient, and enforceable alternative to litigation in Zambia