– Jamela Ali
PRESIDENT of the Mediation Institute of Guyana (MIG), Ms. Jamela Ali has said that more use of the process could reduce the backlog of court cases and allow for more timely access to justice.

She made the observation while delivering welcome remarks at the first ever mediation forum in the country at Ocean View International Hotel, Liliendaal, Greater Georgetown, last week.

“Mediation is a process that takes into account the interests and needs of the parties to a dispute, with a view to them arriving at a consensual resolution of the matters between them. Mediation is considered an important supplement to the court process,” Ali observed.

According to her, the procedure, established in 2003, enjoyed an enthusiastic start with 175 mediations conducted in 2004. “Sadly, in the last few years, mediation lost some of its vigour and the numbers declined dramatically. In 2010, only 37 mediations were conducted,” she disclosed.
The MIG President said the forum was organised to highlight mediation, the process, the advantages and the creativeness, thereby encouraging greater use of it as a means of alternative dispute resolution.

“Mediation, where appropriate, must become an integral part of our litigation culture. We all need to inculcate a settlement culture,” Ali maintained.

Speaking about the benefits, she said mediation can be used to prevent litigation, reduce the lengthy delays in the hearing and conclusion of court matters.

Ali explained that it saves time, brings quicker closure to a dispute and avoids the continuity of litigation by way of appeals to Court of Appeal and now the Caribbean Court of Justice (CCJ).
She described it as a fair and neutral process and one that allows the parties to tell their story, express their feelings and clarify misunderstandings, perceptions and assumptions.

Ali emphasised that the process is informal, empowers parties to create their own solutions, preserves relationships and avoids uncertainty of judicial decision.

She pointed out that, once there is an agreement that  matter will be referred to mediation, a mediator is selected from a roster of about 60 available. A date is fixed, parties attend with their lawyers and the proceeding is explained to the parties by the mediator.
Ali said the mediator does not provide legal advice or representation nor makes any decisions. Instead, he works with the parties to assist them to find a solution, to the dispute between them, satisfactory to them.

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 settled agreement.

Once an agreement is reached, Ali stated, a Mediation Agreement is drafted by the mediator and this is given court sanction. The case will go back to the judge before whom the matter came up and will be entered as a consent order, so the terms of the agreement will have the same effect as if it were an order from a judge or court.

Opening remarks were made by the United States Agency for International Development (USAID) Chief of Party, Governance Enhancement Project, Mr. Dickson Bailey.

He said USAID has been providing its support for the past ten years and was able to provide training for persons who wished to serve as mediators.

Bailey said basic training was provided recently in Region Six (East Berbice/Corentyne) where 53 persons were beneficiaries.
USAID has also trained Toshaos with certain skills they need to deal with community issues.