Former Ambassador Pamela Hyde Smith Speeches

Ambassador Pamela Hyde Smith's speech for the Inauguration of Arbitration and Mediation Court within the Republican Union "Uniagroprotect"

January 31, 2003

Over one-hundred-and-fifty years ago, an American lawyer spoke to other lawyers about solving disputes out-of-court. That man was US President Abraham Lincoln. He said, "Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner [of a court case] is often a real loser - in fees, expenses, and waste of time."*

This is something all of you know - that compromise can work quickly, without the costs of litigation, and without tying up the courts with hundreds of cases. That's why the process of arbitration and mediation is useful for farmers in United States and here in Moldova. Crops can't wait... farm work must continue. Neighbors in villages continue to be neighbors. These communities know that it is better to solve disputes quickly rather than letting them fester.

We applaud the efforts of Uniagroprotect and the regional member associations who have offered arbitration services to farmers in their communities. The establishment of this court is an important new step.

The United States Government, through the United States Agency for International Development, is happy to support arbitration services through the Private Farmers Assistance Program. We know that agriculture is important to Moldova's economy, and arbitration helps it function efficiently.

Arbitration and mediation are an important mechanism of an economy based on private ownership and free contractual relationships. Arbitration is also a constructive element in the creation of a democratic society. In the United States, out-of-court dispute settlement has been an evolving movement. Civil society, public administration and judicial power are neither opponents nor passive observers. They are partners and active promoters of these methods of settling disputes.

Today, you are here to become part of this partnership in promoting arbitration. Arbitration is necessary for Moldova. Today, in place of the collective farms, there are thousands of private agricultural enterprises. Thousands of contracts for leasing in land and other privatized property have been negotiated. Such changes dictate the need for new approaches in solving some eventual disputes in this area.

This Arbitration and Mediation Court and other similar institutions will provide for the quick, correct and inexpensive resolution of a large spectrum of internal civil disputes. The work of this court will improve more than just agriculture. It will help strengthen this country's civil society and its adherence to the principles of the rule-of-law. I wish you success in this important endeavor.