FAQS
FREQUENTLY ASKED QUESTIONS
Can a party be forced to attend Mediation?
No, mediation is a voluntary process
Attending Mediation is voluntary, and a party is free to withdraw from the Mediation process at anytime. The Penal System Reform Act CAP 139 Part III provides the Court with Mediation as an alternative in resolving certain criminal matters. The Supreme Court (Civil Procedure) Rules 2008 also provides for the use of Mediation under section 2.3.
FREQUENTLY ASKED QUESTIONS
If Mediation fails, can I still go to court?
Yes, you can still go to court.
Mediation is intended to be an alternative to litigation since the litigation process and the court are intended to be a last resort. Therefore, if parties cannot resolve their dispute through mediation, they are free to take their matter to court for a judicial resolution.
FREQUENTLY ASKED QUESTIONS
Are mediators lawyers?
Some Mediators are qualified Attorneys-at-Law.
Mediators are not mandated to have legal training since they are not required to give legal advice. Mediation training is designed towards listening, maintaining neutrality, identifying key issues and facilitating discussion to assist parties solve the real issues in their dispute.
FREQUENTLY ASKED QUESTIONS
Can I bring my attorney to a mediation?
Yes, of course, because Mediators do not give legal advice or counseling.
Mediators encourage parties to bring their respective Attorneys to Mediation. In some instances, issues involving law may arise and having the Attorney present can assist the respective party. Also, Attorneys can assist their clients in formalizing any agreement or decision that may be reached.
FREQUENTLY ASKED QUESTIONS
Why is Mediation confidential?
Mediation is designed to allow parties to speak freely so they can adequately put their views forward in order that the real issues can be identified and resolved.
If parties are not confident that they are safe from subsequent detrimental exposure, they tend to restrict their involvement and discussions and this will adversely affect the possibility of a resolution. The Mediator’s limit to what they may disclose is by consent of either party and Mediators are not amenable to being called as witnesses in matters which they mediated. Therefore, as a practice, all notes made during the mediation session are destroyed immediately after the session has concluded and the only written document which is retained is an agreement of the parties, if one is reached, and a copy given to each party.
MEDIATION
How is mediation different?
In Mediation, the process is geared towards protecting the parties real “interests” and not necessarily their “position”. SERVICES
Position vs Interest
Mediation isolates and deals with the real issue or issues in dispute. The parties then collaborate to identify the available options and work together to attain a mutually satisfying resolution of the issue, or issues.SERVICES
Contact us
Tel 1.246.571.1094
Mobile 1.246.826.2245
Checker Hall
St. Lucy
BARBADOS.
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