Chief Justice Urges Shift Towards Mediation in Legal System

Chief Justice, Hon. Bryan Sykes, has urged members of the judiciary to embrace a transformation in the legal system – moving away from a culture where litigation is the norm, towards one that prioritises mediation and efficient dispute resolution.

“While we are improving clearance rates, it is clear that there needs to be much more settlements on the civil side and plea bargaining on the criminal side. If we are to deliver timely justice, we must embrace a broader judicial mandate, one that includes, not only adjudication but resolution,” he stated.

Justice Sykes was delivering remarks during Thursday’s (April 9) swearing-in ceremony at King’s House for eight members of the judiciary.

He emphasised that the traditional role of the court as a purely adjudicative body is no longer adequate to meet the demands of modern justice.

The Chief Justice noted that while the authority to hear and determine cases remains essential, the judiciary must evolve into a “multi door courthouse”.

“I speak, not only about the honour of judicial office but about its evolution that has brought about the need for courts to shift from being purely adjudicative bodies to becoming multi-door courthouses where dispute resolution is strategic, efficient, and enhancing justice,” he outlined.

Mr. Sykes underscored the challenges of the current legal landscape, noting that litigation is often weaponised by those with resources to “squeeze the economic life out of their opponents”.

To address this, he pointed to the principles of “appropriate dispute resolution” and highlighted the Singapore Convention on Mediation, which is set to be implemented in Jamaica shortly.

Justice Sykes noted that the Convention affirms that properly conducted mediated settlements deserve recognition, enforcement, and legitimacy across borders.

He outlined the Convention’s five guiding principles for the new appointees: party autonomy, efficiency and proportionality, judicial stewardship, integrity, and accessibility.

“At the heart of mediation is the recognition that those closest to a dispute are often best positioned to resolve it. As judges, we must respect and facilitate that autonomy, not by abdicating our roles but by guiding parties towards constructive engagement where appropriate,” Mr. Sykes maintained.

To illustrate the power of this approach, the Chief Justice recounted a case that languished in the Supreme Court for six years, entangled in complex legal arguments, only to be resolved when it was revealed that the claimant simply sought an apology.

“The apology was given in chambers. It was also done publicly, and the matter ended just by asking, ‘what do you want from all of this?’. So those are the things we have to keep in mind… that the parties know what they want and what they expect… so ask them,” he advised.

On the matter of efficiency, Mr. Sykes asserted that not every dispute requires a trial, stressing that judges “must be discerning in how judicial time and resources are deployed”.

Meanwhile, the Chief Justice maintained that judges must actively engage in judge led dispute resolution by identifying opportunities for settlement, encouraging alternative means of resolution, and, where appropriate, directly facilitating the process.

On the matter of integrity, he stated that members of the judiciary must uphold and model fairness, confidentiality, and good faith, ensuring that any process they endorse maintains public confidence.

Justice Sykes further emphasised the importance of accessibility in the justice system, noting that mediation provides a pathway that is less intimidating, more affordable, and more responsive to the needs of litigants.

“I think the time has come when we have to think of litigation as the last resort, particularly when you are dealing with small and medium-sized businesses. Many of our citizens simply don’t have the means to engage in long, protracted litigation at any level,” he maintained.

Mr. Sykes said the judiciary and the nation must foster a culture where resolution is not viewed as compromise but celebrated as success.

Meanwhile, the Chief Justice encouraged the new members of the judiciary to adopt a growth mindset, rather than a fixed one.

“As you take your oath, I invite you to see yourselves, not only as judges of the law but architects of resolution. Embrace a judicial philosophy that is forward-looking, forward-thinking, responsive, and deeply committed to the effective administration of justice,” Mr. Sykes urged.