Found at: http://www.anguillaguide.com/article/articleprint/2925/-1/133/
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LEGAL NOTES: Mediation In Anguilla Part 1
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The following information was contributed by Mrs Patricia Gumbs, the Mediation Coordinator for Anguilla. For further information contact Mrs Gumbs at 497 2377.
The need for judicial reform to address the problems of an over-burdened legal-judicial system has given rise to new approaches to resolving disputes in a manner other than the traditional form of litigation.
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Alex Richardson
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Accordingly, the Eastern Caribbean Supreme Court Procedure Rules introduced a system of case management, making provision for the Court to actively manage cases by “encouraging parties to use the most appropriate form of Dispute Resolution including, in particular, Mediation if the Court considers that appropriate, and facilitating the use of such procedures”.
The Mediation Programme is supported through the Regional Administration of Justice Programme financed by USAID through a sub-grant Agreement with the OECS Secretariat.
What is Mediation?
Mediation is one way for people to settle disputes or lawsuits outside of Court. In mediation a neutral third party – the Mediator – helps the disputing parties look for a resolution that works for them.
Mediators, unlike judges, do not decide cases or impose settlements. The Mediator’s role is to help the parties involved in a dispute to communicate and negotiate with each other in a constructive manner to gain a better understanding of the interests of all parties, and to find a resolution based on common understanding and mutual agreement in strict confidence.
What Mediation Offers
Mediation offers:
• An informal setting to conduct a session
• A trained and certified Mediator on the Register of Court Connected Mediators
• A system in which the parties to the dispute have full say over the outcome of their dispute
• A programme which is faster; as a result parties save both money and time
• An opportunity for parties to face each other and discuss their dispute in good faith with intent to settle
• An opportunity for relationships to be restored, maintained or rebuilt
• An opportunity for parties to work together to decide on the outcome of their dispute, thereby making it more likely to keep the agreement
If, at the end, an acceptable agreement cannot be reached, the parties are free to proceed to trial.
What kinds of disputes can be mediated?
Almost all types of disputes can be mediated. For example: landlord and tenant, commercial contracts, wills and estates, employment, land disputes, debt collection, personal injury, family disputes, and many other cases.
Alex Richardson is Managing Partner of the law firm Alex Richardson & Associates, P O Box 371, NBA Corporate Building, The Valley, Anguilla, Tel: 264 498 4224, Fax: 264 498 4220, email: arichardson@anguillanet.com. He is also Managing Director of Paragon Corporate Services Ltd.