GENERAL

1. What Is The Social Conflict And Legal Reform Project?
2. When Was It Launched?
3. What Are Its Goals and Objectives?

COURT-CONNECTED MEDIATION IN THE SUPREME COURT OF JAMAICA

General (Answers):

1. The Social Conflict and Legal Reform Project (SCLR) is a joint project of the Governments of Jamaica and Canada funded with grant aid by the Canadian International Development Agency (CIDA).

2. SCLR was launched on March 16, 2001 at the Jamaica Conference Centre in Kingston

3. The Project's goal is to enhance the effectiveness of the Jamaican legal system in managing social conflict. Its purpose is to develop the capacity of the public (in two pilot communities) and the legal system to manage conflict in Jamaica.

Court Connected Mediation (Answers):

1. Mediation is a private, confidential method of resolving conflicts of all kinds while avoiding costly, ongoing legal battles. Mediation enables the parties or the persons with the dispute to participate in making the crucial decisions that affect their family, their business, and their community. In contrast, in litigation, the judge makes those decisions for the disputants. During the mediation process, a trained impartial mediator assists the parties in making decisions that meet the significant needs of all concerned.

2. The primary goal of mediation is to achieve a mutually agreed solution that allows the parties to meet their respective concerns while avoiding the lengthy and expensive litigation process.

3. The mediator begins the mediation meeting with an orientation during which the mediation process is explained in detail. The next step is for the mediator to assist the participants in gathering relevant information and documentation to insure that all parties are fully informed before entering into an agreement. The participants are encouraged to identify their interests or issues of concern and to work towards a resolution that meets their concerns, bearing in mind that should the court decide their matter, the resolution will not be tailored to meet both parties' concerns. Once a tentative agreement has been reached, a memorandum of agreement is prepared by the mediator and reviewed and signed by the parties. Remember that in mediation the parties, not the mediator, decide the outcome of their conflict.

4. A Practice Direction providing for a Mediation Pilot Programme will be issued by the Chief Justice. There are five ways in which a case may be referred to mediation. They include:
(1) a core group of attorneys who agree to support the pilot by identifying cases that would go to mediation
(2) designated judges, masters or registrars will review cases at a case management conference, decide that the case would benefit from mediation and refer the case to the pilot
(3) parties may have their case referred to mediation by notice to registrar or by application to a judge or master at a case management conference
(4) through random selection, the registrar may refer a case to mediation

5. You and the other parties to the case will select a mediator. The Supreme Court will provide you with a roster of approved mediators. If the parties cannot agree on a specific mediator or do not select a mediator within the time required by the court, a mediator will be selected for you and appointed to your case.

6. If you are represented by an attorney in the case filed in the Supreme Court, then your attorney should attend the mediation meeting with you. The attorney's role will be different from his or her role in a court proceeding. The attorney can provide advice to you. However, you will have the opportunity to take an active role at the mediation, and to articulate your interests to the mediator rather than your attorney speaking on your behalf. This approach assures that the issues as you view them are presented from your perspective and not by a third party such as your attorney, who is attempting to speak for you.
If you are not represented by an attorney in the case filed in the Supreme Court, then you are not required to retain an attorney to accompany you to the mediation meeting.

7. The mediation session proposed under the Mediation Pilot Porgramme is of a three-hour duration. The mediation may take less than three hours. The mediation may extend beyond three hours if the parties agree.
The mediation fee will be determined from a fee schedule approved by the Chief Justice. Mediation costs will be shared by the participants.

8. Persons in need of financial assistance may request the assignment of a pro bono mediator or mediator who is willing to volunteer his or her services. If you pay for the services of the mediator and an agreement does not resolve the dispute, the mediator's fees and any other costs related to the mediation (such as attorney's fees) are costs in the claim. Thus, the prevailing party in the litigation will be entitled to recover these costs from the losing party.

· Requires significantly less time than litigation
· Costs far less than litigation
· Allows you to have input and control of the decision that affect your life and the lives of those you care about
· Benefits family members, neighbours, and co-workers by reducing conflict in on-going relationships
· Is conducted in a private, confidential setting
· Avoids public disclosure of financial and personal matters
· Promotes communication, enhances problem-solving skills, and encourages continued cooperation
· Produces more satisfactory, long-lasting agreements than litigation because the process is voluntary

10. The persons appointed to the roster of approved mediators must fulfil training and qualification requirements determined by the Chief Justice. The mediator is not required to be a lawyer. While many attorneys-at-law have also become certified mediators, mediators are drawn from varied backgrounds, with education and experience in academics, medicine and health, social services, religion, among others. Of foremost importance, all mediators will have met standards with respect to training in mediation and conflict resolution skills as well as practical experience conducting mediations.

11. The mediation agreement is a contract, which will have the full force and effect of law. Additionally, the parties to the agreement may request that the court make an order that includes the terms of the agreement. The agreement then would be enforceable as an order of the Supreme Court.

Is there a conflict? Take Control.

The high level of crime and violence remains one of Jamaica's "biggest problems." Many of the murders committed are domestic or reprisal killings which are rooted in the increasing inability of Jamaicans to resolve disputes amicably.

Following, are a number conflict management tips which aim to help people become more aware that conflicts can be resolved peacefully.

CONFLICT MANAGEMENT/RESOLUTION TIPS

• Conflicts are normal. Conflict is a fact of life that we must learn to handle as best as we possibly can.
• Identify the root of the problem. This will assist you to make better choices when responding to issues or concerns raised.
• Listen to the other person's point of view and clarify your differences. In order to do this, you should try to avoid the barriers to effective listening such as noise, bias, preconceived notions and internal dialogue.
• Communicate to highlight misunderstandings before they become insurmountable problems.
• To successfully resolve conflicts, parties must focus on the objectives and have a clear idea of the outcomes they would like to achieve.
• Open your mind to other possibilities. Realize that your point of view may not be completely right or that you may be entirely wrong, therefore you should try to think first and speak later.
• Be informed. Find out if there is additional information or other points of view that might be helpful.
• Be aware of how you respond. Your reaction can either de-escalate a highly emotional situation or you may add fuel to the fires. Try not to respond with anger, especially when the other person is responding angrily.
• Actions speak louder than words. "Watch your body language".
• Be respectful in the way you respond. Avoid using language that insults, belittles or makes the other party angry.
• Be flexible. Try to restate the other person's position and consider circumstances under which you could support the other person's point of view.
• Ask the other party what their suggested solution would be and then offer your own.
• Offer concessions: "I could support what you propose If…."
• Compromise. No one wants to lose but compromising can mean that you win and so does the other party.
• Try to attack the problem and not the person. There should be no winners or losers. Just a solution.
• Remember that you may not get all you want. Try to support, accept and live with a solution.

Sources: Lin Grensing-Pophal - Resolving conflicts: It's easy as 1-2-3.
Loren G. Edelstein - Better Yet. (resolving differences)
Beblon Parks - Got a conflict with a colleague? Here's how to resolve it
now!
Compiled by: The Social Conflict and Legal Reform Project (SCLR).

CONFLICT MANAGEMENT TIPS FOR PARENTS

• To effectively manage anger and family conflicts, parents should be aware of and identify their style of dealing with conflicts and then recognize other options.
• Equipt yourself with as many tools or methods of coping with conflicts as you can.
• Children live what they learn. Try to be a good role model for your child.
• Always try to enhance your child's self-esteem.
• Involve your child in family discussions and decisions. Give them the tools to talk trough situations instead of resorting to fighting.
• Allot special times to give your child your undivided attention.
• Encourage your children to express their feelings of anger or hostility, sadness or happiness. You should also share your feelings with your children.
• Parents may not have all the answers. Seek help from the church, school or other community organizations.
• Always show your children that you love them.

Source: The PTA Parenting Guide: Programs and Resources.
Compiled by: The Social Conflict & Legal Reform Project (SCLR).