THE islands are looking beyond the legal profession to train mediators. The Guernsey Bar is supporting a cross-island approach and believes that increased use of mediation should help to keep some civil cases out of court.
Advocate Roger Dadd, who heads the Guernsey Bar’s mediation working party, said: ‘We’ve been working closely with our colleagues in Jersey and are looking to have a common body for both islands that is not restricted to members of the Bar so it is not a closed shop.’
Under Lord Woolf’s reforms, UK courts can require parties to address the issue of mediation and a failure to do so properly can attract punitive costs, said Advocate Dadd.
He believed mediation could be extremely beneficial to the Channel Islands.
‘Mediators in Jersey can be called to work in Guernsey and vice versa - where there are conflicts arising within the small jurisdictions, there is the availability of independent mediators. It’s win-win,’ he said.
Batonnier Advocate Peter Harwood said: ‘The Guernsey Bar welcomes the progress that has been made in establishing an effective mediation process.
‘We recognise it will help to reduce the pressure on court time and can potentially bring a speedy resolution to disputes where both parties are willing to submit to mediation rather than engage in the protracted process of going through the courts.’
Mediation is undertaken in private and has been used successfully in a number of local cases. But a positive outcome can be dependent on the attitude of both parties.
‘It is not a panacea and not suitable in every case. It’s not a cure and won’t solve problems all the time but where the parties are willing to address alternative dispute resolutions, it’s an effective tool,’ said Advocate Dadd.
The Jersey Legal Information Board is looking for non-lawyers to train as mediators.
It said this training could also play a role in business management.
Jersey Bailiff Sir Philip Bailhache is a keen supporter of mediation.
‘Particularly in a small community, where trading and even personal relationships between the litigating parties may continue, the ability to settle a disagreement in private without creating lasting wounds is, in my view, an important positive factor in favour of mediation.’
If there is enough interest, a training course will be held in Jersey in November.
Article posted on 13th August, 2004 - 12.00am
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