What is Mediation?
Section 2 of the Mediation Act of Trinidad and Tobago Chap. 5:32 defines mediation as:
“A process in which a mediator facilitates and encourages communication and negotiation between the mediation parties, and seeks to assist the mediation parties in arriving at a voluntary agreement”.
Parties may seek mediation on their own, which is known as self-referral or voluntary access. The court may also refer matters for mediation, other than criminal matters, where it deems it appropriate to do so. In the latter scenario, this is referred to as court-annexed mediation.
General Types of Mediation
Family Mediation – Helps address and resolve family-related disputes including but not limited to children, property settlement, divorce, separation, estate, finances, domestic violence.
Employment Mediation – Helps address and resolve disputes on the workplace between employees or between management and employees.
Community Mediation – Helps address and resolve community-based disputes including but not limited to conflicts between neighbours or landlords and tenants.
Business Mediation – Helps address and resolve disputes between businesses or between business owners and customers.
What are some key aspects of Mediation?
Flexibility - Mediation is one of the most common forms of alternative dispute resolution and is not bound by strict legal rules so the discussion and outcome can be adapted and tailored to the specific dispute/conflict.
Voluntary - This means that the involvement of parties in this process and the arriving at an agreement is done by the parties acting of their own free will. Parties must agree to participate and may also choose to bring an end to the process.
Neutrality - The mediator is an independent, impartial, neutral third party with no personal interest in the outcome of the matter and can therefore view the dispute objectively. The mediator does not take sides, provide legal advice to the parties or pass judgments.
Empowerment – Mediation empowers parties involved to work together and have more control over how the dispute/conflict is resolved as parties are encouraged to work towards an agreement that is customized and/or mutually acceptable to all involved as opposed to a solution or order that can be imposed upon them in litigation.
Confidentiality – Discussions are usually private and confidential, so parties can feel free to share. Where a voluntary agreement is reached, both parties sign the agreement prepared by the Mediator and receive a copy. For court-annexed mediation, the court also receives a copy.
What are some benefits of mediation?
- It is suitable in a wide range of contexts including conflicts involving neighbours, property, landlord and tenants, breach of contracts, estate, employment and family disputes.
- It demonstrates parties’ willingness to work towards amicable solutions.
- Communication, co-operation, discussion and negotiation are encouraged thereby preserving or potentially restoring broken relationships.
- The process is fair, flexible and usually done in a relaxed and informal environment.
- Privacy and confidentiality are maintained.
- Parties are free to share how they feel in a respectful manner.
- Parties have input and control over how the dispute is resolved, that is, in a manner that is mutually beneficial to all parties.
- Trained mediators support and guide the parties through the process and help them explore solutions they might not have otherwise considered.
- It potentially saves time and results in speedy resolution of some matters in comparison to the lengthy and sometimes unnecessary litigation process (legal action).
- Individuals, families, or groups in a dispute can be facilitated.
- It can be free or cost-effective, where a private mediator is retained but overall mediation is less expensive than litigation.
- The agreement reached in mediation is not an admission of guilt and the parties retain the right to seek other means to resolve the matter including litigation if the agreement fails.
- Sessions can be facilitated at the convenience of the parties as opposed to litigation, which is generally subject to the court’s availability.
- It can be less stressful compared to litigation.
Where can you access free Mediation Services in Trinidad and Tobago?
The Family Court of Trinidad and Tobago offers free Family Mediation services for a wide range of disputes including divorce, property settlement and issues involving children such as their schooling, custody, maintenance and access. Parties may be referred to the Family Court’s Mediation Unit by the court. Parties who do not have an existing matter can contact the Family Court to request mediation services.
The Social Services Unit of the Family Court can also refer persons to mediation during the court matter. Trained Family Mediators facilitate the process. Persons interested in this service can visit the Judiciary’s website at https://www.ttlawcourts.org for further information and the contact details for the Family Court.
The Ministry of Sport and Community Development under the Community Mediation Services Division provides community mediation services free of charge and is available as per their website https://mscd.gov.tt “as a mechanism for negotiating the settlement of disputes in a wide variety of areas, such as:
- Family and Relationship Disputes (e.g. visitation rights, access, custody and maintenance)
- Landlord/Tenant Disputes
- Small Claims
- Merchant/Consumer Disputes
- Community Disputes
- Neighbourhood Conflicts
- Organizational/Workplace Conflicts
- Juvenile Conflicts including truancy and delinquent children
- Threat and harassment problems
- Small contractors and Home Owners.”
In Tobago, free community mediation services may be accessed through the Division of Health, Wellness and Social Protection, Community Mediation Unit.
Conclusion
In summary, mediation has several tremendous benefits but should not to be viewed as a substitute for seeking legal advice or therapeutic intervention.
Submitted By:
Natasha Brown-Alleyne
Legal Officer
Civil Legal Department
Legal Aid and Advisory Authority,
23 Stanmore Avenue, Port of Spain.
Contact: 638-5222
Email:
Website: www.laaa.org.tt
This article is not legal advice. Consult an Attorney-at-law for legal issues.