*ALTERNATIVE DISPUTE RESOLUTION (ADR) AND MEDIATION IN GUYANA
"A dispute is a problem to be solved, together, rather than a combat to be won."
Woodrow Wilson
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 and facilitation.
What is Mediation?
Mediation is one of the Alternative Dispute Resolution options that takes into account the interests and needs of the parties.
It is a process in which parties to a dispute appoint a mediator and actively participate in good faith in the mediation process 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 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, Surveyors, persons from the Medical and Nursing professions, Engineers, Sociologists and other professional persons.
Mediation in Guyana
The Honourable Mr. Justice Carl A. Singh, C.C.H. Chancellor (ag) and Head of the Judiciary of Guyana was the Chairperson of the ADR Committee and the principal person responsible for the introduction of Mediation in Guyana in 2003.
Since 2003 to present, Mr. Justice Carl A. Singh has worked assiduously with all stakeholders including the Judiciary, the Guyana Bar Association and the legal profession to champion the cause of Mediation. Of course without the financial and other technical assistance from the Carter Center and USAID/GDCCR, 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 it is headed by the Mediation Director Mr. Colin Chichester.
As at June 2009, approximately 495 court cases were referred to the Mediation Centre. 113 mediations were successfully completed or settled before actual mediation.
Voluntary or Mandatory?
Mediation is presently a voluntary process in Guyana. However, there are plans to introduce it formally in the Rules of Court of Guyana and make it mandatory at a certain stage.
Guyana Mediation Institute
On the 24 June 2008, the Mediation Institute of Guyana Inc. was incorporated under the Companies Act 1991 of Guyana.
*An edited version of this page was published under the title AN INTRODUCTION TO MEDIATION in The New Guyana Bar Review Volume 2 Issue 1: May 2008 - A Guyana Bar Association (GBA) publication.
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