Legislation Coming to Strengthen Mediation

The Government is moving to increase the use of alternative dispute resolution (ADR) methods such as mediation and arbitration, to assist in reducing the number of cases that come before the courts.

Speaking at the Caribbean Court of Justice (CCJ) workshop held at the Jamaica Pegasus Hotel in Kingston on January 11, Minister of Justice, Hon. Delroy Chuck said the Arbitration Act, which provides for, among other things, the resolution of disputes involving international trade and commerce, should be utilised more.

“I hope, before long, to put in place a Mediation Act, appropriately under the Singapore Convention on Mediation, and we hope that these two processes can be more utilised. We can try to resolve conflicts and take the burden from the courts,” Mr. Chuck said.

“I hope that our judges, our attorneys can play a seminal role in making this area of the hemisphere an area that we not only resolve conflicts but utilise all the resources to get things decided in a timely manner,” he added.

The Singapore Convention on Mediation is a multilateral treaty which offers a uniform and efficient framework for the enforcement and invocation of international settlement agreements resulting from mediation.

It applies to international settlement agreements resulting from mediation, concluded by parties to resolve a commercial dispute.

The Minister also reported that, despite the pressure on the justice system, there are no case backlogs in the parish courts and “we hope that will be so in the Court of Appeal and the Supreme Court”.

The workshop series represents a critical initiative aimed at improving the understanding and implementation of referral processes to the CCJ among key stakeholders in Jamaica’s justice system.

Conducted regionally, the workshops focus on enhancing knowledge of the CCJ’s Original Jurisdiction and emphasize the duty of national courts to refer matters related to the interpretation of the Revised Treaty of Chaguaramas (RTC) and issues under the Caribbean Single Market and Economy (CSME) to the CCJ for determination.

With financial support from the European Union’s 11th European Development Fund, the series seeks to promote collaboration, knowledge-sharing, and adherence to international best practices, ultimately reinforcing the rule of law and the effective delivery of justice across the Caribbean