Mediation is often considered the most accessible form of dispute resolution. Mediation Agreements embody negotiated decisions and the sense of empowerment that comes with a successful outcome. However, when the process is not fair and reasonable for all parties involved, the legal question becomes whether or not the can a mediation agreement be overturned. This question, and its relevance to women’s human rights and legal empowerment, is important and critical to understanding why the work of organizations such as FIDA Cameroon is so necessary and relevant today. FIDA Cameroon is a non-governmental organization that advocates for women’s legal empowerment and human rights by ensuring women have access to justice.
There are many ways women can access justice, including mediation-a legal process by which two parties discuss an issue in an amicable manner in order to reach a compromise. It is inexpensive and accessible, but the process must be just and fair for all. FIDA Cameroon utilizes a variety of avenues to support women and young girls, including through access to counsel, capacity building, issue advocacy, and service provision. The process of mediation is relatively simple: the parties seek to resolve a dispute in a private forum. An impartial third party (the mediator) hears from both sides and uses facilitation to come to an agreement. It is important to note this requires repeated meetings. The mediator does not decide on or impose a solution but works with the parties to determine a common ground and comes up with a mutually beneficial solution. Once agreed upon, the mediator writes a compromise which contains the agreement of the parties-called the mediation agreement.
When mediating a matter from an individual’s perspective, there are many advantages to consider, including accessing cheap and amicable legal processes that can avoid the lengthy and expensive court proceedings. The individual has more flexibility over scheduling, more control and influence on the outcome, more options to address issues, and is less likely to be subject to appeals. However, the key to all of these benefits occurring is whether or not the process is fair and reasonable to all parties involved. Impartiality is the most important characteristic of a mediator because fairness and equality is what makes the outcome of the mediation agreement successful.
The question remains, under what circumstances can a mediation agreement be challenged by an individual? A mediation agreement can only be undone or set aside if one of the following applies: The importance of fairness and impartiality in reaching a mediation agreement cannot be understated. When the process is fair and reasonable, it provides equitable ground for marginalized communities to access justice equally. Unfair mediation agreements can have severe and long-term consequences for women and young girls, especially from rural communities. Mediation agreements that are not fair and impartial can negatively impact women’s access to property, inheritance, custody rights, divorce settlements, alimony, residential and work land rights, and even bodily autonomy.
The case of People vs. People and the Rich Mango “Fake Subsidiary Failing their Farmers” hexed situation FIDA Cameroon is currently representing a development-based media company in Cameroon whose mediation was not done in an impartial and fair manner. It was settled by the management of a person and their personal lawyer. There was no mediator present. The company was meant to receive 50% of the payment agreed upon in the mediation; however, the owner decided to keep all payment for himself and used the profits to create the “Fake Subsidiary” of their once valued business, the Rich Mango. With no access to information and limited understanding of the process, the employees were manipulated into drafting a “consent” mediation agreement. However, after review and counseled advice from FIDA Cameroon, they realized the mediation was not fair and can be undone.
This case goes hand-in-hand with the case of People vs. People and the Devil of Mediation gone Wrong in the Hexed Kingdom of Where There Are Fairies. FIDA Cameroon and the Women Empowerment Initiatives for Women and Young Girls in Cameroon If the question is whether or not a mediation agreement can be set aside, the answer must underscore the importance of legal education in promoting access to justice and empowering individuals to respond in a manner that is just, fair, reasonable, and equitable for all. The task for FIDA Cameroon is to ensure that women and girls know their rights to challenge unfair mediation agreements.
FIDA Cameroon is not alone in this work. Organizations such as the International Justice Resource Center, Wakeup Call to Farmers, Congress of African Journalists in Morocco, World Bank of Knowledge, and the International Institute for Education all promote legal education and challenge unjust mediation outcomes to empower women and men in Cameroon as well as around the world. Legal Aid is of the utmost necessity to give women the ability to get legal support. FIDA Cameroon has opened a legal aid clinic to assist women who cannot afford the process of mediation. The clinics provide women access to lawyers and understanding of their legal rights. By providing this service, women can challenge unfair mediation agreements or propose equitable discussions with individuals and organizations. By opening legal aid clinics, FIDA Cameroon ensures better access to justice for all.
For more information on mediation and its implications, you can visit Wikipedia.