A landlord refuses to allow her tenant to install a meter in his apartment. The GPL bill covers both the landlord and tenant’s use of electricity and the bill is approximately $12,000 monthly. The landlord pays $1,000. And the remainder has to be paid by the tenant. This is certainly not a happy situation.
One would think that the matter should be referred for mediation. However, it is understood that at present the High Court refers matters for mediation. There is a suggestion that a committee be set up to determine what cases can be referred for mediation without going to the courts.
There is little knowledge among consumers of mediation and how it works, so we went to the Internet and what came up is so clear that it seems necessary to furnish it for general consideration. Here it is:
“Welcome to Guyana Mediation
“Alternative Dispute Resolution And Mediation In Guyana
“What is ADR?
Alternative Dispute Resolution (ADR) is a term used to describe a number of options outside the traditional litigation process in Courts. ADR includes negotiation, mediation, arbitration, adjudication, settlement conference and facilitation.
“What is Mediation?
Mediation is one of the Alternative Dispute Resolution options that takes into account the interests and needs of the parties.
It is a process in which parties to a dispute appoint a mediator and actively participate in good faith in the mediation process in order to arrive at a consensual resolution of the matters between them.
“Who is a Mediator?
A Mediator is a person who has received training in the mediation process.
A Mediator is a person who acts as an independent neutral third party and is selected by the parties to a dispute to facilitate and assist them in attempting to reach a voluntary settlement of the disputes.
The Mediator does not provide legal advice or representation and does not make any decisions. Instead, the Mediator works with the parties to assist them to find a solution, satisfactory to them, to the dispute between them. The parties control the outcome. The parties are encouraged to seek independent legal advice, and where a voluntary settlement is achieved, it only becomes binding when the parties sign a settlement agreement.
There are many Mediators in Guyana. They include Attorneys-at-Law, Accountants, Probation Officers, Surveyors, persons from the Medical and Nursing professions, Engineers, Sociologists and other professional persons.
“Benefits of Mediation
“Improvement of administration of justice
Mediation was formally introduced in Guyana in 2003 in an attempt to improve the administration of justice by reducing the huge backlog of Court cases and the lengthy delays in the hearing and conclusion of court matters.
“Mediation is cheaper
The advantage of Mediation is that at present the services of Mediators in relation to court connected cases are free. However, it is expected that since mediation does not incur the cost relating to court procedures, it will be less expensive than litigation.
“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.
“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 is informal
The Mediation process is usually conducted in an informal and private setting. It does not involve the formalities of a court room where the litigants may have to give sworn evidence and be subjected to cross examination. There are no fixed rules for the conduct of the mediation process unlike the Court room where the Court is usually confined to observing certain rules of practice and procedure.
Mediation can be conducted with or without lawyers for the parties. Where lawyers are involved, they can play an important role.
“Mediation empowers parties to create their own solutions
Mediation allows the parties to develop creative solutions to all issues important to them and not just the underlying legal dispute. The Court only considers the legal issues.
“Mediation avoids uncertainty of judicial decision
Mediation eliminates the uncertainty of the decision by a Judge or Court.
“Mediation preserves relationships
Mediation also provides an opportunity to preserve rather than destroy personal, professional and business relationships.
“Mediation agreements have high compliance rate
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
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.
“Mediation eliminates costs
A successful Mediation eliminates the award of costs which usually flow for the successful party against the unsuccessful party.
“Mediation is a WIN WIN situation
In a successful Mediation, everyone wins. In Court, there could be a win-lose situation or often, after a court case, nobody is happy.
“Mediation eliminates judge shopping
Lastly, but certainly not the least, Mediation offers an alternative to the new practice of ‘judge shopping’. It relieves legal practitioners from the hardship, stress and other considerations which have led to the development of this concept.”
Fifty-five cases were resolved last year.