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Jagdeo assents to mediation laws

Nov 24, 2010 News

Head of State Bharrat Jagdeo has assented to the Alternative Dispute Bill paving the way for a more formal realization of mediation. Jagdeo signed the Bill on November 2nd last and it was published among the most recently issued Official Gazette.
The legislation was successfully piloted by Attorney General and Minister of Legal Affairs Charles Ramson who at the time of the debate said that the law provides a measure of mediation as it relates to an alternative to litigation.
Mediation is a form of alternative dispute resolution (ADR) – a way of resolving disputes between two or more parties. A third party, the mediator, assists the parties to negotiate an amicable solution to a problem.
According to Ramson, the mediation process will not subject to the laws that would normally govern whichever offence may have been committed, but he did stress that the evaluator will be subject to the laws governing the issue. He explained that the law is designed to resolve a dispute between parties in a less adversarial manner.
Guyana has 70 trained mediators. Under the new law, costs of the mediation or evaluation will be borne by the parties according to agreed proportions, failing agreement in equal shares as directed by the court.
The new law provides for a court to make orders to give effect to any agreement as a result of a mediation session.
The law also states that with the exception of certain specific cases, evidence given before a mediation session or evaluation session is not admissible before any Court, so also is a document prepared for the purpose of a mediation session or evaluation session.
The new law also provides for confidentiality, stating that there is a clause that deals with secrecy and also states the instances where disclosure is permissible. It states that a mediator or evaluator may disclose information obtained in a mediation or evaluation session.
The disclosure may be made; with the consent of the person from whom the information was obtained; if there are reasonable grounds to believe that the disclosure is necessary to minimise the danger or injury to any person or to any property; for the purpose of statistical analysis or evaluating the operation and performance of mediation and neutral evaluation processes.

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