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While this discourse may seem new to some, the advocacy for the introduction of
ADR has been on the Legislative agenda of the Government for a while. But as we
were reminded only recently by the Hon. Minister of Home Affairs, it may well
have been a great idea whose time had not yet come. As the wise King Solomon
once said, there is a time to every purpose under the heaven.
ADR is widely gaining use and acceptance in many developed and developing
countries around the world. Take India for example, Due to extremely slow
judicial process, there has been a big thrust on Alternate Dispute Resolution
mechanisms . To streamline the Indian legal system the traditional civil law
known as Code of Civil Procedure, (CPC) 1908 has also been amended and section
89 has been introduced. Section 89 (1) of CPC provides an option for the
settlement of disputes outside the court. It provides that where it appears to the
court that there exist elements, which may be acceptable to the parties, the court
may formulate the terms of a possible settlement and refer the same for arbitration,
conciliation, mediation or judicial settlement.
But , the Question which I am sure will be asked by those of us with little
knowledge or interest in legal matters, is of what benefit is this to us here in
Guyana?
Permit me Sir to borrow from a publication of the Guyana Bar Association of May
2008, where it was propounded that ADR :
(2) Mediation is cheaper .It is expected that since mediation does not incur
the cost relating to court procedures, it will be less expensive than
litigation.
(3) Mediation saves time. Mediation can also be productive by bringing
quicker closure to a dispute. It avoids the continuity of litigation by way of
appeals.
(4) Mediation is fair and neutral. Mediation is efficient and fair. It provides
an opportunity for parties to tell their story, to express their feelings, to
clarify misunderstandings, perceptions, assumptions and to discover new
information. It gives the parties control over how their dispute will be
resolved.
Mediation can be conducted with or without lawyers for the parties. Where lawyers
are involved, they can play an important role.
Since people are more satisfied with solutions that have been mutually and
voluntarily agreed to by them than those imposed by a judge or other third party,
they tend to comply with the terms and conditions of the Agreement.
Mediation is confidential and without prejudice and all statements and offers made
during the mediation process are inadmissible for any purposes in any legal or
other proceedings. This promotes communication and settlement discussion.
(11) Mediation is a WIN WIN situation
Sir, This Bill represents a significant advancement of the progress of our Justice
system, and I therefore commend this Bill and seek the support of this Hon. house
for its passage.