Mediation coming to TCI Justice System, UWI to help

#TurksandCaicos, August 9, 2021 – The Judiciary of the Turks and Caicos will shortly introduce Mediation as part of its justice delivery facilitated by a neutral third party, called the Mediator.

A Mediator does not have a stake in the outcome of a dispute but assists the parties to find common ground to arrive at a settlement. Submission to mediation is voluntary; its outcome is non-binding, until both parties accept it.

An information paper on the Mediation describes that, parties to mediation shall sign a Confidentiality Agreement, and have a great deal of flexibility, and can adjust the breadth of the mediation to discuss whatever topics that they think are important. They choose their own Mediator with the assistance of an administrator in the system.

Mediators probe into the causes of conflict and assist parties to find solutions. By contrast, litigation is by nature, adversarial and can be combative. While many disputes are settled through litigation, the process sometimes engenders hostility and mistrust between disputing parties.

The Chief Justice is expected to set up a mechanism to determine the remuneration of the Mediators. A Mediator may also opt to provide his/her services pro-bono.

The training and certification of the first batch of Mediators will be at the expense of the Judiciary. The initial training will be virtual. Subsequent trainings may be at the expense of the applicants. The training and certification will be provided by the University of the West Indies.