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Mediation among top methods of Alternative Dispute Resolution

Jul 13, 2017 News

Mediation is a legal mechanism which can be helpful not only in the resolution of cases, and saving of judicial time, but in most instances, provides a win–win outcome for the parties involved. The method has been listed among the top methods of Alternative Dispute Resolution.
According to information printed by Mediation Centre of Guyana, litigants are encouraged to use mediation in resolving a number of civil disputes.
The information outlined that mediation can be applied any civil case in the High Court— including contract disputes, property disputes, employer/employee disputes’ and commercial cases.
According to one legal definition, mediation is a tool of negotiation between parties in a dispute, with the assistance from a neutral person or third party called a mediator.
A mediator can be a lawyer, social worker, engineer, accountant or agriculturalist. However these persons must be trained in the procedure of mediation and approved by the court.
According to information outlined in the New Civil Procedure Rules as successful, mediation is one in which both parties come out feeling that each has won.
The Rules and legal forms span 187 pages and contain procedures for the settlement of civil matters and making payments both in and out of court.
The document outlined that at the mediation session, when a settlement is reached resolving some or all of the issues in dispute; it must be set out in writing and be signed by the parties.
“Within 7 days of the completion of the mediation, the mediator files a mediation report with the Court, and serves a copy on every party to the mediation. The mediation report notifies the Court of any issues that were settled during the mediation.
Where the Mediation Report advises the Court that a settlement was reached on all of the issues, the Court must stay the proceeding, subject to any provision of the settlement dealing with the dismissal or discontinuance of the proceeding. “
During an interview with Kaieteur News last year, John Clifford Wallace, United States Court of Appeals Senior Judge and Chief Judge Emeritus noted that with a backlog of over 10,000 High Court cases, the proper use of case management techniques and increased mediation, specifically for civil cases, will lead to a significant reduction.

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