We all know of the horrors of court matters even with quite simple cases. They are lengthy, costly and lack the human element, especially for the alleged offenders and victims.
Did you know it's not required to go through courts for certain matters? There are provisions where community mediation can be used as outlined in the 2004 Mediation Act and it's absolutely free!
We are sure that not many people in T&T know about this free facility available to them. Many people feel helpless in getting justice for simple but important matters.
They shy away from the courts which they feel is a drawn-out process, because of all of the postponements, as well as costly, since it may not seem worth it in the end. However, community mediation provides a better way for dealing with some matters
The authorities need to engage in a massive public education campaign on the availability of community mediation, its many advantages and easy access. It can start in schools.
What is mediation? It's a simple process where a mediator facilitates and encourages communication and negotiation between parties and assists them in arriving at a voluntary agreement. In T&T community mediation is state-sponsored and is available in various communities, with mediation centres located Port of Spain, San Juan, Tunapuna, Arima, Cunupia, Couva and Point Fortin.
Not all matters qualify for community mediation, however. At present there are ten categories of matters for which mediation can be provided: landlord and tenant disputes, merchant and consumer disputes, organisational disputes, small claims, threat and harassment problems, neighbourhood conflicts, family and relationship disputes, small contractor and home owner disputes, community disputes, and juvenile conflicts–truancy, delinquent children beyond control, gang related activities, etc.
It's a very simple to access community mediation. A person goes into any mediation centre and completes a form.
The other parties to the dispute are notified about the request for mediation. Once all parties to a dispute agree to mediation, they sign an agreement to participate, a mediator is assigned to the case and a date and time are set for sessions.
A reasonable timeframe of 90 days is set for the mediator to have the matter settled. This is much faster than the court process which can take years. All parties, or their representatives, must attend all mediation sessions. It's not mandatory for a person to have a lawyer. The mediator conducts sessions in a manner agreed to by all parties.
The mediator can meet with parties together or separately to assist in resolving the matter and does so in a neutral, impartial and independent manner.
The community mediation process allows parties directly involved in the dispute to come up with creative solutions to the problems they put forward. It isn't left to a magistrate or judge. The aggrieved parties can discuss and resolve the matter themselves in their own way, guided by the mediator and the process is quite simple.
Most the importantly, it eliminates pressures and tensions that are common during the court process with all of its formalities, legalities and robustness.
When an agreement is reached by all parties, it's recorded in writing and signed by all.
Any party has the right to terminate the mediation at any point in time by giving notice in writing. The mediator may also terminate a session at any time where he feels that further efforts at mediation are unlikely to resolve the dispute.
Since no fees are charged for community mediation, justice can be free and financial burdens are eliminated for all involved. In fact, solutions agreed upon a don't have to involve costs, since rather than fines, imprisonment and criminal records, there can be other forms of compensation and settlement.
Checks and balances exist as only registered certified mediators are allowed to conduct sessions. They undergo training, certification and licensing and operate with a code of ethics. If any mediating party experiences problems with the mediator, there's a comprehensive investigative process with statutory timelines.
This law was derived from the efforts of Professor Ramesh Deosaran in his 1994 proposal, Mediation as a Community Alternative to Litigation for Young Offenders, which lea to The Mediation Act, No 13 of 1998 and the 2004 Act. The Community Development Ministry has responsibility for mediation centres.
As we all traverse life, we will encounter disputes and conflicts. Community mediation is available to resolve such matters in a free, hassle-less and swift manner. There's no need to feel that justice is out of our reach.
Ian Kevin Ramdhanie,Principal, Caribbean InstituteCISPS has more than 120 professional development courses for organisations and individuals on investigations, fraud detection and prevention, CCTV systems, law, corporate security, supervision and management, OSH policies, etc. Tel: 223-6999, 299-8635, info@caribbeansecurityinstitute.com www.caribbeansecurityinstitute.com