Berbice Judiciary boosted by new Mediation Centre

Sep 27, 2014 News

By Leon Suseran
The pile-up of cases in the judiciary is expected to be significantly reduced with the commissioning of a multi- million dollar mediation centre yesterday in Berbice.

A section of the gathering at the opening ceremony.

The facility, which is expected to become operational within a few days, was commissioned by Chancellor of the Judiciary, Justice Carl Singh, and Attorney General, Anil Nandlall yesterday on the lawns of the Berbice High Court.
The ceremony was attended by several members of the judiciary, including judges, magistrates, attorneys- at- law and officials within the Region Six administration.
With the building in operation, Berbicians can have the option of having their cases heard by a certified mediator after which a decision would be handed down, with the same binding legality as if the case would have been tried in a court of law.
The catch in opting for mediation, instead of the regular judicial process, is the expediency of the (mediation) process.
Mediation, popularly referred to as Alternative Dispute Resolution (ADR), has been around for a very, very long time. Justice of Appeal B.S. Roy outlined the historical aspect of mediation, and how it was used in times past, especially when all else had failed.
From as early as 1800 BC, the then Kingdom of Syria resorted to mediation to solve disputes with other kingdoms. He went on to chronicle the uses of mediation in Africa and India as well.
Minister Nandlall noted that the centre is another demonstration of the commitment of the executive branch of the judiciary to ensure resources are made available so that justice can be administered to people fairly and efficiently. The concept of mediation, he stated, is neither new nor unfamiliar. “With the opening, we mark the formal introduction of it (mediation) in the tapestry of the legal system of Berbice… the benefits of mediation cannot be disputed, whether it is mediation between persons and even the State and citizens.” He added, too, that mediation is firmly rooted in the judicial systems of other Caribbean nations.

The Berbice Mediation Centre

He referred to the attorneys- at- law present, many of whom are trained mediators, as the “driving force of the mediation process.” Speaking to the litigants, Nandlall noted that the process of mediation requires much input from them. “Mediation remains a process that is highly litigant- driven,” he said.
He stated that many hesitate to use the mediation process because they want to have their day in court and watch their attorneys question, cross- examine and rip apart their opponents. “They want that satisfaction of their victory in the court, and that is always a right that you have, except that with the volume of cases, you may not live to see that day! And I say that with the most seriousness. In spite of all that is being done to expedite cases in the judiciary, the, “volume of litigation cannot be dealt with the speed that we would like it to be dealt with.”
He said that if persons want a quick resolution to their disputes, the services of the mediation centre can be utilized.
Much credit was given to Justice Carl Singh for working assiduously to establish the centre, after he made a promise to a group of mediator- trainees three years ago while they were undergoing training in New Amsterdam. Justice Singh was quite pleased about the fulfillment of his promise and thanked the Government for making the centre a reality with its construction.
During his address, the Chancellor alluded to cases heard in the courts, such as two parties standing in front of a judge having a dispute about the location of a fence. Judicial resources and time can be better spent on more serious matters, he added.
The Chancellor noted that after parties have their situations mediated, the decisions are arrived at and the matter goes to a magistrate or judge to be ratified and bound, and would be just as binding as a verdict in a court of law. Further legal recourse could be taken if either party fails to adhere to the mediated decision.