The mediation process of settling disputes out of court has been a success in helping to reduce the backlog of cases in the Tonga Supreme Court.

Sione Taione, one of only two accredited mediators at the Nukualofa Supreme Court office said that since the mediation process was introduced in April last year, they have received 13 cases, 12 have been successfully settled through the mediation process.

He said the only case that was referred back to court, was the application made by Sione Taumoepeau against Siosaia Fonua relating to the Tonga Rugby Union dispute.

Sione said this case was submitted back to court because there were lots of issues involved and the mediation process could not deal with it.

He said that the most common cases that they have been dealing with were disputes over verbal agreements or contracts between two parties. One such case was over a piece of land that was cultivated by one of the parties, others involved contracts between an employer and an employee regarding vacation leave.

"From the cases that I have facilitated the most common problem is misunderstanding between those involved, this kind of problem is appropriate for mediation because those involved were able to talk and settle their misunderstandings.

"Mediation has lifted immense pressure from the courts because most of the cases that come through can be solved outside enabling the court sufficient time to deal more with the many criminal cases."

Sione said that some of the cases they have successfully settled took him about three hours, comparinig with three to four days in court.

"I think Mediation has proven to be a success, and will continue to do so in the future. We currently have three people training to become accredited mediators and they will join us soon." Sione said that mediation is good in the sense that it restores the broken bond between the parties involved. "If they can resolve their misunderstandings by talking in mediation, which is a contrast to when it is in court as bonds will be remain broken regardless on who wins the legal battle."

He said in order for a case to be submitted to be settle by Mediation, "it has to be a civil case at the Supreme Court, and the Chief Justice must order it with the consent of the parties involved in the dispute."