PRESS RELEASES

CIVIL CASES CAN NOW BE SETTLED THROUGH MEDIATION

The Chief Justice has issued a Practice Direction that will allow the settlement of civil cases through mediation. Under the Practice Direction, a Mediation Pilot Project is being undertaken with the technical and financial assistance of the Social Conflict and Legal Reform Project (SCLR). SCLR is a joint project of the Governments of Jamaica and Canada, funded by the Canadian International Development Agency (CIDA). The Mediation Pilot Project will be in effect until March 31, 2004. The Dispute Resolution Foundation (DRF) serves as the mediation agency under the Project.

In Preparation for the Mediation Pilot Project, Supreme Court judges and court staff have been trained in case and caseflow management under the new Civil Procedure Rules and in court-connected mediation. The training has included several seminars and workshops over the past two years with presentations by members of the judiciary from other jurisdictions in the Region and in Canada that have developed experience in the use of case management conferences and referral of civil cases to mediation. In addition, judges and court staff have visited other jurisdictions to see their systems at work.

The Mediation Pilot Project "serves as a vehicle for developing and testing the efficiency and effectiveness of alternative approaches for incorporating mediation in the overall case management process". It also provides a forum for involving key stakeholders including the Ministry of Justice, the judiciary and Bar in the discussion and development of recommendations for improving the use of mediation in the Supreme Court.

The Mediation Pilot Project aims to:
· improve the Supreme Court's capacity to resolve civil disputes in a more timely manner;
· reduce legal costs thus making the legal system more accessible to a greater number of persons;
· reduce backlog of cases; and
· promote the fair resolution of disputes and maintain the quality of litigation outcomes.

Role of Lawyers
Lawyers have also benefited form training by the Jamaican Bar Association, SCLR and DRF in case and caseflow management and court-connected mediation. Lawyers have a positive role to play in mediation and are generally present at most court-connected mediations, as lawyers may advise their clients that their cases should be referred to mediation.

Before the mediation the lawyers will:
· Advise his / her clients on the process.
· Help select the client's representative.
· Assist in selecting the mediator.
· Advise on the need for a pre-mediation meeting.
· Prepare the case summaries to be sent to the Mediator and the other Parties before the mediation.
· Identify documents that are confidential and for the Mediator's "eyes only".
· Carry out a realistic appraisal of the strengths and weaknesses of the client's case.

At the Mediation the Lawyers will:
· Either present the case or support the client in his or her presentation;
· Advise the client throughout the mediation, possibly even lead in settlement negotiations;
· Contribute authoritatively to defining the Party's best alternative to a negotiation effort;
· Identify legal issues that need to be addressed by the emerging settlement;
· Draft or assist the Mediator to draft the settlement Heads of Agreement.

Role of Supreme Court Judges / Court Staff in mediation
· To advise disputants, lawyers and the Court on the referral mechanism / process.
· To have a working relationship with the Mediation agency; knowledge of the roster, fees, disciplinary and other related matters.
· To briefly explain the mediation process to users of the Court and members of the general public.
· To advocate effective use of available dispute resolution processes.
· To maintain and manage records of cases in the Mediation system and other cases to facilitate research and develop the justice system.
· To use Management Information Systems to facilitate case flow management and court connected mediation in the Supreme Court.

Mediators are required to act impartially and maintain confidentiality, avoid conflicts of interest and promote understanding among the opposing Parties at all times.

Source: DRF News, January 2003

SANDALS MONTEGO BAY PLEDGES SUPPORT FOR SCLR PROJECT

MONTEGO BAY, Jamaica… July 2001 -
Sandals Montego Bay hotel has pledged its support for the Canadian International Development Agency (CIDA) funded Social Conflict and Legal Reform (SCLR) Project, hailing it as a "much needed initiative" in Jamaica's ongoing attempt to assist citizens to resolve dispute more amicably.

The collaboration with the SCLR Project was announced today by General Manager of Sandals Montego Bay, Mr. Horace Peterkin, at a press conference held at the Hotel.

Mr. Peterkin said his organization is committed to supporting the SCLR team, particularly regarding its work in the Flankers community to help residents to improve their dispute resolution and mediation skills. "We are conscious of the socio-economic challenges facing Flankers and this project presents an opportunity for us to play a part in alleviating these problems," Mr. Peterkin said.

To facilitate the work of the SCLR project, the hotel will be assisting with the establishment of a peace and justice centre in Flankers, providing meeting facilities for conflict resolution training as well as the procurement of prizes related to poster and essay competitions.

Commenting on the hotel's support, SCLR Project Manager and Attorney at Law
Mrs. Loretta Reid-Pitt welcomed the partnership established with Sandals Montego Bay, calling it a "very positive enhancement of our initiative in Flankers".

She said, "now that the project is up and running we need the support of the business community as well as the other citizens to ensure its success and we are very happy that Sandals Montego Bay is now on board."

The press conference was followed by a community consultation which involved other stakeholders including the Social Development Commission (SDC), Peace and Love in Schools (PALS), Dispute Resolution Foundation (DRF) and the Flankers Citizens Association (FCA). Discussions focused on structuring conflict resolution and mediation programmes that are relevant to the community, overcoming obstacles to the process and clearly defining the roles and responsibilities of all stakeholders.

The CDN$ 6.7 million SCLR Project, a joint initiative of the Governments of Canada and Jamaica is designed to assist Jamaicans to resolve disputes more amicably. It will achieve this objective by strengthening the capacity of the Jamaican legal system and working with the residents of the two pilot communities of Flankers in St. James and Trench Town in Kingston, to more effectively manage social conflict.

FLANKERS PEACE AND JUSTICE CENTRE LAUNCHED

MONTEGO BAY, Jamaica … February, 2002 --
The Dispute Resolution Foundation (DRF) under the Social Conflict and Legal Reform Project (SCLR) has launched its first Peace and Justice Centre in the community of Flankers, Montego Bay.
Perceived as a volatile community that has constantly made the news as a problem area, the centre that was launched at the Flankers Open Bible Church on Sunday, February 17, 2002, will offer mediation services and provide citizens with a forum for the peaceful resolution of disputes.
"The greatest challenge to this community is to put the lie to the stereotype that it is a bad community," guest speaker DRF Chairman, Novar McDonald, told the large gathering that turned out for the historic occasion. "The positive social fabric that will be woven by this project, is immeasurable," he added.
According to Mr. McDonald, the Flankers community has been provided with the opportunity for success as "a project like this, acts as a catalyst to development. Investors will feel comfortable when investing in a community like Flankers, once they perceive it to be a peaceful community, a place where the citizens are capable of resolving their differences in a peaceful manner," he said.
Mr. McDonald charged the community to understand the value of such a centre and the social and economic benefits that it can bring in the long run.

Flankers Peace & Justice Centre …
Sharene McKenzie, Manager of the SCLR's Community Component said "the true value of this investment will be realized in years to come through the peaceful co-existence of the people in this community. People who live in a peaceful environment are usually more productive than those who don't. A peaceful surrounding is usually a condition for the flourishing of business opportunities" Ms McKenzie added.
She said that Flankers was an easy selection for the organizations involved as the structures were already in place, evidenced in "strong community based organisations and the apparent willingness of the citizens to embrace alternative dispute resolution methods."
The over 8,000 Flankers population will have access to the centre, which will be opened seven days per week at flexible hours consistent with the availability of disputants and mediators. Some 49 volunteer mediators of varying gender, age and socio economic backgrounds who recently graduated from an intensive training programme conducted by the DRF with the assistance of Sandals Montego Bay, will man the centre.
The Canadian International Development Agency (CIDA) funded five year project is a joint effort of the Governments of Canada and Jamaica with a budget of $6.7 Million. It has two components; the Legal Institutions Component, which is working in partnership with the Judiciary, the Bar, court administration, the DRF, mediators and other entities to improve the ability of Jamaicans to resolve disputes more amicably. The Community Component focuses on empowering the two pilot communities of Flankers and Trench Town in Kingston through the key stakeholders DRF and Peace and Love in Schools (PALS).

THE SCLR PROJECT - WORKING WITH STAKEHOLDERS TOWARDS LEGAL REFORM

Just over a year into its implementation phase, the Social Conflict and legal Reform Project (SCLRP), is achieving its targets by working with stakeholders towards legal reform.

According to Project Manager, Mrs. Loretta Reid-Pitt, the SCLRP, a Canadian International Development Agency (CIDA) funded joint project of the Governments of Jamaica and Canada, "has made significant progress on the initiatives in the Supreme Court" as well as in other areas related to its legal institutions and community components.

Mrs. Reid-Pitt made specific mention of the graduation of 16 court reporters on 19 September 2001, the first reporters to be trained in computer-aided transcription in Jamaica and in the Caribbean. Several of the court reporters have attained the International Standard of 220 words per minute. The reporters have been assigned to courtrooms at the Supreme Court. A new class of 30 began in September. SCLRP provided stenographic machines, training in repairs, and parts and supplies for repair and maintenance of the court reporting equipment.

In addition, the Project has provided technical assistance to the Rules Committee of the Supreme Court on the "case management and mediation provisions of the proposed new Civil Rules of Procedure". Case management and early referral to court-connected mediation will be supported by a computerised information management system at the Supreme Court and mediation services by the Dispute Resolution Foundation (DRF), which already provides mediation services for cases referred by the Resident Magistrates Courts. SCLRP has collaborated

with the Jamaican Bar Association on workshops/seminars to inform attorneys-
at-law and the public about case management and court-connected mediation under the new Civil Procedure Rules.

The Project Manager said a significant part of the SCLRP's mandate is to "work
in partnership with the Ministry of Justice, the judiciary, the Bar, court administration, the DRF, mediators and other stakeholders to improve the efficiency of the local judicial system to assist Jamaicans to resolve disputes more effectively." She added that the training of the judiciary, court staff, attorneys-at-law, and the public as well as the improvement of the Supreme Court's technical facilities are steps toward achieving this objective.

The SCLRP's "legal institutions team" in collaboration with the Chief Justice and the Registrar of the Supreme Court is also working to develop strategies to reduce the backlog of civil cases.

Mrs. Reid-Pitt said the Project has also made strides in the implementation of the community component. This aspect of the SCLRP, she added, focuses on "empowering the two pilot communities of Flankers in St. James and Trench Town in Kingston to establish programmes that will improve the conflict management skills of residents".

"The Project's key implementing partners in the pilot communities are Peace and Love in Schools Jamaica (PALS) and DRF. Under project funding, PALS has begun training of trainers in preparation for the teaching of the PALS conflict resolution and peer mediation programmes in schools in Flankers and Trench Town in January 2001. Further, DRF has trained 53 mediators from Flankers

and 23 from Trench Town and adjoining communities. Graduates represented a wide cross-section of the society including ministers of religion, the police, the entertainment industry, political and community representatives." Peace and Justice Centres will be established in the pilot communities. SCLRP is collaborating with other donor organizations such as the Inter-American Development Bank to coordinate efforts and to avoid duplication.

The SCLRP is a five-year Cdn. $6.7 million project that is working to enhance the effectiveness of the Jamaican Legal System and the ability of residents of the pilot communities to resolve conflict more amicably.

KINGSTON, Jamaica…November, 2001-
Twenty-three individuals from Trench Town and adjacent communities, who were trained by the Dispute Resolution Foundation (DRF) under the Social Conflict and Legal Reform Project (SCLR), graduated as Mediators recently in a ceremony at DRF's Peace Centre on Camp Road.

The group of 23 is the first batch to be trained from Kingston's inner-city and the second set of graduates; the first being from the pilot community of Flankers in St. James. These graduates are trained to work in their communities to help others to resolve conflict more amicably.

Speaking at the ceremony, executive director of DRF, Ms. Donna Parchment, said "space is to be identified in Trench Town for a Peace and Justice/Mediation Centre." She also encouraged each graduate to identify at least three persons in their communities who can also be trained as mediators.

Guest speaker and project manager of the SCLR, Mrs. Loretta Reid-Pitt, encouraged the graduates to "take the principles of the training beyond the confines of the classroom to assist people in the communities." She charged the graduates to use the new tools that they have acquired to "effectively manage conflict and help to alleviate the negative situations that are now plaguing the society."

Valedictorian, Mr. Randolph Davis, noted that among the graduates were people from various backgrounds and social status, including four Ministers of Religion and a deejay. He reminded the graduates that what they have learnt "are stepping stones to a new dimension of their lives."

The graduates entertained the audience with a skit which demonstrated the benefits of mediation.

The Social Conflict and Legal Reform Project, which is a joint project of the Governments of Canada and Jamaica is designed to assist Jamaicans to improve their dispute resolution skills. The Project is working to strengthen the capacity of distinct areas of the island's legal system and the pilot communities of Flankers in St. James and Trench Town in Kingston.

JUDGES, SENIOR COURT STAFF TO BE TRAINED FOR CIVIL PROCEDURE RULES & MEDIATION PILOT PROGRAMME

KINGSTON, Jamaica ... August 2002 – Approximately 20 Supreme Court judges and senior court staff are to be trained under the Legal Institutions component of the Social Conflict and Legal Reform Project (SCLR), to prepare them for case and caseflow management under the new Civil Procedure Rules and for a mediation pilot programme.

The course will be held at the Courtleigh Hotel in Kingston from August 12-15, 2002.

The training, according to Project Manager and Attorney-at- Law, Mrs. Loretta Reid-Pitt, is in keeping with the SCLR’s mandate to “assist the Jamaican legal system to incorporate case and caseflow management and Alternative Dispute Resolution, to improve the Supreme Court’s capacity to resolve civil disputes in a more timely and less costly manner.” She added that the course marks the beginning of the “Mediation Pilot Project” in the Civil Division of the Supreme Court.

Mrs. Reid Pitt said that through the training, the members of the judiciary will be exposed to the relationship between mediation, case management rules and time standards. Training will also be scheduled for attorneys on strategies to assist clients who will be involved in mediation under the pilot project. From August 13-15, an advanced course is also being offered to mediators to inform them of relevant legal and procedural issues involved in court-connected mediation.

The pilot project is expected to “serve as a vehicle for developing and testing the efficiency and effectiveness of alternative approaches for incorporating mediation into the overall case management process,” Mrs. Reid Pitt said. It will also provide a forum for the involvement of all key stakeholders in the discussion and the development of recommendations for improving the use of mediation in the Supreme Court.

Mrs. Reid-Pitt explained that this initiative has the full support of both the Judiciary and Bar and is being spearheaded by Chief Justice of Jamaica, the Hon. Lensley Wolfe who will chair a Mediation Project Steering Committee to “lead the development, operation and evaluation of the pilot project.”

The training which is being organised in association with Dispute Resolution Foundation (DRF), one of the key stakeholders under the project, will be conducted by Canadian lawyer-mediator and author Cinnie Noble, official of the Judiciary in Trinidad & Tobago and specialist in caseflow management, Master Christie-Ann Morris-Alleyne and Executive Director of the DRF and attorney-at-law Donna Parchment.

From August 13-15, training in conflict resolution will also be conducted for early childhood educators and administrators at the Sandals Montego Bay Hotel under the Community Component of the project. These sessions will be facilitated by Canadian Conflict Management Specialist Dr. Connie Edwards, supported by DRF and Peace and Love in Schools Jamaica (PALS). There will also be the training of senior tutors from St. Joseph's and Sam Sharpe Teachers’ at St. Joseph’s from August 19-23, 2002.

Now in its second year of implementation, the CIDA-funded SCLR project is a joint initiative of the governments of Jamaica and Canada. It is designed to improve the ability of Jamaicans to resolve disputes more amicably by strengthening distinct areas of the legal system and promoting the value of mediation in the pilot communities of Trench Town in Kingston and Flankers in St. James.

CDN $7 MILLION SCLR PROJECT LAUNCHED

KINGSTON, Jamaica ... March 15, 2001 -- The CDN $7 million Social Conflict and Legal Reform (SCLR) project, a joint initiative of the Government of Canada and the Government of Jamaica, was today launched at the Jamaica Conference Centre in Kingston.

The five-year Canadian International Development Agency (CIDA) funded project, is designed to strengthen the capacity of distinct areas of the Jamaican legal system and the two pilot communities of Trench Town in Kingston and Flankers in St. James, to manage conflict more effectively.

Speaking at the launch, Senior CIDA Programme Manager, Ms. Heather Cruden said the Agency is “committed to working with Jamaica, as it does with other countries to confront and attempt to resolve those issues that impact upon its own development.” She said over the period of its 27 year operations in the island, “CIDA has sought to make a contribution by developing and implementing projects and programmes that are sustainable and able to meet the needs of the people whom we serve.”

Ms. Cruden said the SCLR project is building on existing initiatives and working in partnership with the judiciary, the bar, court administrators, the dispute resolution foundation (DRF), mediators and other entities to improve existing

systems and facilities, so that disputes can be resolved through the judicial system in a more timely, less costly and more accessible manner.

This, she added, will be accomplished “through a number of activities including developing and implementing a new court-connected early mediation programme in the Supreme Court; fostering a greater understanding of the value and use of alternative dispute resolution; improving administrative processes in the Family Court, particularly as these relate to dealing with court orders for family support; helping the courts to resolve cases more quickly and effectively by implementing relevant caseflow management systems and techniques; reducing the backlog of cases and providing training for relevant personnel within the system. “

The CIDA Programme Manager said the project, in partnership with state and other agencies, particularly key stakeholders Dispute Resolution Foundation (DRF) and Peace and Love in Schools (PALS), will also work with the communities of Trench Town and Flankers to assist people “to develop their own positive conflict management solutions to address their specific needs and circumstances.” This includes training, working with the Ministry of Education and Culture to develop a curriculum in conflict resolution, and the establishment of Peace and Justice Centres in the communities “to offer mediation and provide a forum for the peaceful resolution of disputes.” Other areas of focus include issues related to gender and the rights of the child.

The Social Conflict and Legal Reform project is managed by KPMG Consulting.

CONTACT: Janneth Mornan-GreenC/o Media Central LimitedTEL. / FAX: (876) 969-6915E-mail : medicen@kasnet.com

KINGSTON, Jamaica … October 2001 - Four students from the communities of Trench Town in Kingston and Flankers in St. James, have been included in a 14 person delegation that will leave the island on Monday, October 8 to participate in the first International Conference of the Association for Conflict Resolution (ACR) that will be held in Toronto, Canada from October 10-13.

ACR is the newly merged organization of the Academy of Family Mediators, the Conflict Resolution Education Network, and the Society of Professionals in Dispute Resolution. It is a professional organization dedicated to enhancing the practice and public understanding of conflict resolution. The trip is sponsored by the Social Conflict and Legal Reform Project (SCLR), a joint project of the governments of Jamaica and Canada, funded by the Canadian International Development Agency (CIDA).

According to Project Manager, Mrs. Loretta Reid-Pitt, the conference will "provide a wonderful opportunity for the young people to interact with youth leaders from the United States, Canada and the rest of the world who are also concerned with creating more peaceful societies." She said the students will be exposed to learning experiences that will help them to "acquire practical skills that will assist them to resolve conflict without violence."

Staged under the theme "Coming Together: Community, Connection, and Conflict", the conference will be opened with a Keynote Presentation: "What Are You Listening For: Conflict or Peace? by Renee Poussaint. The conference will include a number of interactive workshops, several of which are geared to young people and explore topics such as Developing Conflict Action Plans; Dueling Glances and Damaging Gestures: Incorporating Body Awareness in Conflict Resolution Sessions and Training; Developing Youth Leadership in the Dispute Resolution Field and What You Think You See Can Cause Conflict in the Community, among others. There will also be a "Youth Mentor Programme," which will pair the youth delegates with an adult to discuss careers in conflict resolution.

The SCLR Project representatives will present a workshop entitled "Jamaica and Canada Partner to Bring Dispute Resolution to Jamaican Courts and Communities: A CIDA Project."

The students who represent the Charlie Smith and Trench Town High Schools in Kingston as well as the Flankers Primary and Junior High School in St. James, will be accompanied by chaperones. Representatives of the two communities as well as stakeholder agencies including the Dispute Resolution Foundation (DRF), Peace and Love in Schools (PALS), the Ministry of National Security and Justice, and the Ministry of Education, Youth and Culture will also form part of the delegation.

In addition to attending the ACR Conference, members of the delegation will participate in a Study Tour comprising visits to governmental and community organizations in Toronto that are involved in court-connected mediation and community conflict resolution activities.

The Social Conflict and Legal Reform Project, which was launched earlier this year, is designed to improve the ability of Jamaicans to resolve disputes more amicably. It aims to achieve this by strengthening specific aspects of the legal system as well as the two pilot communities of Flankers and Trench Town.

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KINGSTON, Jamaica … October 2001 - Judge of the Supreme Court of the Organization of the Eastern Caribbean States (OECS) the Hon. Mr. Justice Adrian Saunders, will be the featured presenter at a seminar-workshop to examine the proposed new Civil Procedure Rules, "that are scheduled to come into effect in January 2002." The seminar-workshop will be held at the Medallion Hall Hotel in Kingston on Saturday, October 27 beginning at 9:30 a.m.

The event which is being sponsored by the Social Conflict and Legal Reform (SCLR) Project will be presented in association with the Jamaican Bar Association. It is open to all judges, attorneys-at-law at both the private and public Bar, law students and interested members of the public.

According to Miss Hilary Phillips, President of the Jamaican Bar Association, the focus of the presentation will be the proposed new Civil Procedure Rules which were preliminarily drafted by the Ministry of National Security and Justice. The drafts have since been reviewed by the Supreme Court Rules Committee which consists of representatives of the Bench and Bar and are available for public review at the Supreme Court website (www.sct.gov.jm).

Mrs. Loretta Reid-Pitt, Manager for the Social Conflict and Legal Reform Project, added that the workshop "is among a series of consultations being organized by the SCLR Project in collaboration with the Bar and Bench and will examine the provisions related to case management and mediation." This, she says, is being presented in an effort to fulfill the project mandate "to strengthen the capacity of distinct areas of the legal system" and to assist Jamaicans "to effectively resolve disputes through the judicial system in a more timely, less costly and more accessible manner." Justice Saunders will also meet with judges and members of the General Legal Council.

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

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