NEWS ARTICLES

LESS COSTLY DISPUTE RESOLUTION
Andrew Green - Staff Reporter

"We must urgently begin a process geared at hearing one another, recognizing concerns and moving to solutions which will heal parties," Donna Parchment stated in July.

Few persons heard the invitation made by the executive director of the Dispute Resolution Foundation in the aftermath of the island wide disturbances. But it is one which could save you time and money.

"It costs a lot to go to court," said Kingston Legal Aid Clinic Attorney Leroy Equiano. That cost can be as much as $25, 000.00 for each appearance by attorney and there are likely to be several appearances.

A court-imposed solution will also generally result in a situation where there is a winner and a loser. Mr. Equiano said. Dispute resolution is intended to leave both parties satisfied.

Organizations such as the Kingston based Dispute Resolution Foundation offer professional mediation services. At a cost of just $800.00 from each party to a dispute, this mechanism will cost a lot less than going to court.

And dispute resolution generally produces quicker results than the courts, said Beverly Haylett, administrative assistant at the Foundation. "In some cases one session can resolve a matter."

Dispute resolution is not a new phenomenon in Jamaica, but what is new is the development of trained, unbiased third parties to handle such matters. They facilitate the negotiation of the disputing parties and help them arrive at a solution of their own design.

But there are limits to what can be achieved through dispute resolution, Mr. Equiano said. The legal system is needed in issues such as the division of matrimonial property.

But legal issues are often clouded by emotion, he said. Where emotional conflicts are resolved outside the courtroom, the legal issues can be expedited within it.

Most of the people using the services of the Foundation are referred by the court system, Ms. Haylett said. But there is a growing number of people who seek the service on their own.
The police have also developed their own independent dispute resolution service. In November 1994, Col. Trevor MacMillan, then Commissioner of Police, set up a Police Mediation Unit to address the problem of domestic violence.

The Unit started with 15 policemen, who were trained in conflict resolution, and these offices in turn trained their colleagues.

Dispute resolution has even been introduced in the island's prisons, Mr. Equaiano said. "There is not place where you have more aggression than in the correctional institutions"

Behind the scenes, a massive effort is under way to transform the way Jamaicans handle their disputes.

Pilot projects in Trench Town, St. Andrew, and Flankers, St. James, have trained teachers, parents and students in conflict-management skills, under a Cdn$7 million (J$203 million) Social Conflict and Legal Reform Project (SCLR).

Residents will be trained as mediators, and teachers, parents and students in basic, primary and secondary schools will be equipped with conflict resolution skills

A conflict-resolution curriculum for schools is being developed in collaboration with the Education Ministry and teachers' colleges.

The project also has a legal component, involving the judiciary, the Bar, court administration and the Foundation. Under it, an early mediation programme will be implemented to improve the Supreme Court's capacity to resolve civil disputes.

There is no danger that the legal system will be supplanted by the going mediation infrastructure, Mr. Equiano said. Jamaicans will be come to rely even more on the legal system as they gain a greater appreciation of their rights and seek to protect them.

But dispute resolution has a definite role in the society.

"We at Dispute Resolution Foundation like many other Jamaicans believe that there is need now for a neutral response to the current problems," Ms. Parchment said.

I am for it 100 per cent," Mr. Equiano said. "It does work."

Green, Andrew.
"Less Costly Dispute Resolutions."
The Sunday Gleaner, August 26, 2001