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JIS  
February 17, 2004

Dispute Resolution Foundation: Solving conflicts through mediation

IN a rural Jamaican district a man, alleged to be a goat thief, was held by residents, who wanted to hand down their own brand of justice. However, a boy and his mother, on hearing the commotion, went to the scene and begged for the man’s life. They then begin to tell their story; a story of how conflict resolution and mediation had changed their lives.

This is how the work of the Dispute Resolution Foundation, through its dedicated, hardworking staff of administrators and mediators, has touched thousands of lives around the island, teaching ordinary citizens how to deal with situations such as that incident involving the man accused of stealing a goat.

“People have found that being involved in this process (mediation) has given them a chance to understand their own conflicts better, the way they handle conflicts in their own work and home situations, and understanding how they respond to conflicts might cause them to escalate and how to reduce the impact in terms of crime and violence in their communities,” said Donna Parchment, the executive director of the foundation.

She cited the recent flare-ups in Flankers, St James, where trained community mediators met and brainstormed about what had happened as well as engaged the police and government personnel in discussions, to determine how they would handle the situation.

“People get satisfaction from being able to help chart the course in their own local area. They feel empowered because their skills are improved and being involved suggests to the public that they are respected, positive contributors. I am energised by how the community responds to its own ability to take control of its issues, all across Jamaica,” added Parchment.

Groups of mediators operate in every parish across the island at different levels.

In St Catherine, the foundation has trained approximately 120 mediators, most of whom utilise their skills in their workplaces, service clubs, churches and other areas. Hanover has a full mediation centre while St James and Kingston have two centres. In the other parishes, there are active groups of mediators.

The foundation, Parchment said, is equipped to deliver different services that are suitable for every situation. For example, she said, the foundation has provided expertise in relation to commercial disputes, by showing employees how they can become more effective in managing conflicts by working through their unions.

“This is in keeping with what is happening on the global scale, because if we look at what is happening all over the world, mediation is how commercial disputes are being resolved (in the boardroom rather than in the courtroom), but yet having the judgment filed in court, so that enforceability is protected by the normal judicial process,” Parchment pointed out.

She noted that countries such as Hong Kong, Canada, the United States, the United Kingdom and Australia, use mediation as a norm in legal practice. In some of these jurisdictions, she noted, legislation required attorneys to use mediation before they can approach a judge.

Last year the Dispute Resolution Foundation implemented a mediation pilot programme at the Supreme Court (civil division), as part of the Legal Reform Project, funded by the Canadian International Development agency (CIDA) and the Government of Jamaica.

As of last month, fewer than 50 cases have been referred for mediation under this project and Parchment said she hoped that through a public education effort now in place, targeted at the bar and litigants, the number of cases settled through mediation would increase. She said a number of workshops have already been held this year with the bar association and with the Supreme Court bench.

The foundation has also worked with the Peace Management Initiative (PMI), and the Peace and Love in Schools (PALS) programme. It has, under the PALS project, developed a mediation curriculum to be used in teachers’ colleges.

“When we promote restorative justice, meditation, and alternative dispute resolution, it is because as a country, development is running at a level that could be enhanced if we were listening to one another more effectively. So, we want to support the efforts of government, civil society, the business community, unions and every single Jamaican who finds that conflict may be an impediment to their ability to fulfill their potential”.

Formerly the Mediation Council of Jamaica, the Dispute Resolution Foundation was incorporated in July of 1994 to increase cooperation in the management and resolution of disputes involving businesses, the police, courts, social service agencies and the people, through the controlled process of mediation.

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