Definition of Mediation and Mediator
"Mediation is the skill of a Mediator who is a person trained to act in a neutral role to assist parties with disputes to communicate with each other by listening and sharing ideas and to generate options in the mediation process conducted in private with the goal of the parties connecting and finding their own solutions to resolve conflicts peacefully and making the world a better place". 2019 - Copyright
by Jamela A. Ali, Attorney at Law|Mediator, LLM(Legislative Drafting)(UWI), LLB(Hons), MCIArb.
*ALTERNATIVE DISPUTE RESOLUTION (ADR) AND MEDIATION IN GUYANA by Jamela A. Ali, Attorney at Law|Mediator, LLM(Legislative Drafting)(UWI), LLB(Hons), MCIArb.
Introduction
The goal of Mediation is to resolve legal matters quickly, efficiently and cost effectively as possible. While recognising that litigation is essential for resolving some differences, mediation offers many potential benefits, including time and monetary savings, greater flexibility, control and opportunity to preserve rather than destroy relationships, the chance to craft solutions not available in the court, greater confidentiality and quicker closure of disputes.
What is ADR?
Alternative Dispute Resolution (ADR) is a term used to describe a number of options outside the traditional litigation process in Courts. ADR includes Negotiation, Mediation, Arbitration, Adjudication, Settlement Conference, Facilitation and Conflict Resolution.
What is Mediation?
Mediation is a structured negotiation process conducted by a Mediator who assists the parties to a dispute to actively participate in good faith in the mediation process which takes into account the interests and needs of the parties in order to arrive at a consensual resolution of the matters between them.
Who is a Mediator?
A Mediator is a person who has received training in the mediation process.
A Mediator is a person who acts as an independent neutral third party and is usually selected by the parties to a dispute to facilitate and assist them in attempting to reach a voluntary settlement of the disputes.
The Mediator does not to provide legal advice or representation and does not make any decisions. Instead, the Mediator works with the parties to assist them to find a solution, satisfactory to them, to the dispute between them. The parties control the outcome. The parties are encouraged to seek independent legal advice, and where a voluntary settlement is achieved, it only becomes binding when the parties sign a settlement agreement.
There are many Mediators in Guyana. They include Attorneys-at-Law, Accountants, Probation Officers, Social Workers, Sworn Land Surveyors, Medical Practitioner, Engineers and Sociologists. There are also Mediation Trainers.
Mediation in Guyana
C. Singh, Chancellor (ag)(retired) was the Chairperson of the ADR Committee and the principal person responsible for the introduction of Mediation in Guyana in 2003.
Other stakeholders including members of the Judiciary, the Guyana Bar Association and members of the legal profession have been involved to champion the cause of Mediation. Of course without the financial and other technical assistance from the Carter Center and USAID, Mediation in Guyana would not have been possible.
Mediation Centre
A Mediation Centre has been established within the compound of the High Court of the Supreme Court of Judicature at Georgetown, Guyana and in New Amsterdam, Berbice. Mr. Colin Chichester is the Mediation Director.
According to statistics provided by the Mediation Director, for the period 1 October 2003 to 31 December 2018, a total of 993 court cases were referred to the Mediation Centre. A total of .... mediations were successfully completed with an agreement.
The number of Court matters referred to Mediation yearly are as follows:
2004 - 175
2005 - 120
2006 - 65
2007 - 72
2008 - 46
2009 - 31
2010 - 37
2011 - 42
2012 - 37
2013 - 28
2014 - 35
2015 - 31
2016 - 74
2017 - 86
2018 - 112
Voluntary or Mandatory?
Mediation was introduced as a voluntary process in Guyana.
Since 2010, the Court was given the power to refer matters to mediation.
Update - In 2010, the Alternative Dispute Resolution Act Cap. 7.05 was passed and section 4 stated that the Court may, by order, refer a matter, other than criminal proceedings, for mediation, if the court considers the the circumstances appropriate and whether or not parties to the proceedngs consent to the referral.
On the 9 February 2016, the Family (Proceedings and Procedure) Rules 2016 were published and set out the overriding objective to include encouraging settlement of disputes by mediation. See Rules 1.1(2)(b) and 13.1(c) The power to refer matters to mediation is set out at Rule 15.5.
On 6 February 2017, the new Civil Procedure Rules 2016 (CPR), Part 26 also gave the Judges the power to order Mediation.
Copyright © 2018 unless expressly stated otherwise. All rights reserved ®. Jamela A. Ali. Not to be published without written permission from the author.
For more information on Mediation Advantages and Training click here
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*An edited version of excerpts of this page was published under the title AN INTRODUCTION TO MEDIATION in The New Guyana Bar Review Volume 2 Issue 1: May 2008 by Jamela A. Ali, Attorney at Law and Mediator - A Guyana Bar Association (GBA) publication.
This web page has been updated.
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Ms Jamela A Ali, Mediator and an Attorney at Law for over 33 years. For legal services click links here for Contract Law (Oil & Gas), Mining Law & Agreements, Conveyancing, Property matters, Trademarks, Adoption of Children, Divorces, Probates of Wills and Administration, Money Claims, Formation of Companies, Mediation and Real Estate.
Her diverse background in litigation and mediation serves as a valuable resource to clients, providing unique and innovative insight in practicing litigation avoidance by strategising and negotiating.
Jamela A. Ali is also a Trademark Agent and a Notary Public.
Contact person: Jamela A. Ali, Senior Counsel, LLM (Legislative Drafting), LLB (Hons)(UWI), MCIArb.
Office Address: 78 Hadfield and Breda Streets, Werk en Rust, Georgetown, Guyana (br), South America
Telephone number: +592 225 4712
Whats app message:+592 696 2435
Email: jamelaali@gmail.com
Website: www.GuyanaMediator.com
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