New Mediation Act will be game changer in how community disputes are resolved: Justice Minister

Minister of Justice and Constitutional Affairs, Delroy Chuck, believes the new Mediation Act and the first comprehensive national policy on Alternative Dispute Resolution (ADR) will be game changers in how community dispute resolutions are handled, and should produce further reductions in crime. 

During his address at the ADR Policy Development and Estate Planning Forum on Wednesday at AC Hotel Kingston, Chuck emphasised the importance of the Mediation Act for the justice system, as it will bring a modern legislative framework. 

“Achieving the vision of financial independence, getting our people to live peacefully, require more than policy. It also requires a modern legislative framework. That is why I’m pleased that the Government has recently laid the Mediation Bill. We are hoping that it will get to the Senate by about September and it will be fully in action before the end of the year,” the justice minister said. 

The House of Representatives passed the Mediation Act on July 14. It seeks to establish a regulatory framework for the conduct of mediation in Jamaica. It will also govern community, court-directed and international mediation, the registration of mediators, and the licensing and regulation of mediation service providers. 

The legislation will also give effect to the provision of the United Nations’ Convention on International Settlement Agreements Resulting from Mediation, adopted by the United Nations General Assembly in New York on December 20, 2018.

Minister Chuck said Jamaica's first comprehensive national policy on alternative dispute resolution will establish a coordinated national framework to strengthen and expand the use of ADR among families, communities, workplaces, businesses and the wider justice system.

“The policy seeks to foster a culture where conflicts are addressed early, resolved amicably, and prevented from escalating in costly litigation and values,” he said. 

Minister Chuck reiterated that although measures are being put in place through policy, the goal is to prevent conflicts overall in the society. 

“One of the best ways to resolve conflict is to prevent it from occurring in the first place,” he said. 

Recently, the Ministry of Justice and Constitutional Affairs developed the national Policy for ADR. It is aimed at enhancing visibility and access to alternative means of settling disputes, thereby advancing and sustaining a more peaceful, secure and harmonious society.

Wednesday’s event marks the second in a series of public forums that form a crucial part of the public education campaign. 

The ADR policy will be developed into a Green Paper that is to be submitted to the Cabinet. 

The Mediation Bill was piloted in the House by Minister Chuck. One of the notable amendments was made to clause 11, which deals with the offence of operating as a mediation service provider without a licence.

This offence is proposed to carry a maximum fine of $1 million but was amended to also include a prison term. 

Present at the forum were numerous Justices of the Peace, representatives from the Ministry of Justice and Constitutional Affairs, the Administrator-General’s Department (AGD) and other legal professionals. 

- JIS

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