Justice Minister Tables Concept Paper Ahead of National Policy on ADR

A Concept Paper titled, ‘Advancing Justice Through Alternative Dispute Resolution (ADR) for Jamaica’, was tabled in the House of Representatives on February 3 by Minister of Justice and Constitutional Affairs, Hon. Delroy Chuck.

The Concept Paper outlines the Government’s intention to develop a national policy on ADR, aimed at enhancing visibility and access to alternative means of settling disputes, thereby advancing and sustaining a more peaceful, secure and harmonious society.

In his remarks, Mr. Chuck said strife involving neighbour and neighbour, families, relationships, land, money, businesses, schools, even in the churches, has contributed to the crime and violence affecting the society today.

“It, therefore, reinforces the need for greater early intervention in conflicts through the use of alternative mechanisms, such as arbitration, mediation, restorative justice, conciliation, adjudication, negotiation, and the establishment of justice centres to facilitate dispute resolution options,” he continued.

The Minister pointed out that the utilisation of Alternative Dispute Resolution options complements the efforts of the Ministry of National Security and Peace and serves as a critical tool in the judicial space, as it helps to reduce the number of cases brought before the Courts.

Mr. Chuck said greater awareness about, access to, and use of alternative dispute mechanisms is imperative.

“We must change the mindset of our people in how we resolve conflicts, recognising that there are other meaningful and legally acceptable alternatives to fighting it out. ADR can be a critical driver in achieving social harmony,” he added.

Mr. Chuck reiterated the significance of establishing a national policy on ADR, as it offers an extensive, multi-option dispute and conflict management and resolution framework, which operates independently of and in tandem with the judicial system.

“[It] allows for application across multiple subject matters and sectors. [It] marks a progressive step towards a more responsive, flexible and adaptable justice system that effectively addresses the needs of the Jamaican populace. [It also] envisions the consolidation and standardisation of several ADR approaches, including those currently utilised within the justice system, while expanding the use of other ADR mechanisms,” Mr. Chuck said.

He added that the policy signifies the potential to transform how disputes and conflicts are managed and resolved in Jamaica, contributes to justice transformation by supporting peaceful dispute conflict management and resolution, empowers local communities, strengthens the rule of law, supports national development goals, and enhances access to justice.

The Minister noted that ADR has the potential to assist in crime reduction.

“It can positively impact the country and society in several ways to include improving government efficiency, diversion of appropriate cases from burdened courts, freeing the judicial resources to address more complex matters and increase the overall efficiency of justice delivery, saving both time and money,” Mr. Chuck said.

ADR can also aid in promoting economic growth and investment through a predictable and efficient dispute resolution system that outlines ADR options, procedures and access for commercial disputes, thereby fostering confidence in the business environment.

It can also strengthen social cohesion and peace building, particularly in community and family disputes.

“It promotes reconciliation and social harmony, mitigating conflicts before they escalate, thereby maintaining societal stability and essential foundation for sustainable development,” Mr. Chuck said.

He noted that the concept paper provides useful information in advancing the vision towards a national policy on ADR.

“I recommend that every school, church, business and other institutions obtain a copy. The comments and general feedback of the public are also invited. A copy of the concept paper is available on the Ministry of Justice and Constitutional Affairs website at moj.gov.jm and also on the Parliament’s website at jamaicaparliament.gov.jm,” the Minister said.