A significant number of cases which could be settled through restorative justice continue to clog the court system, as a number of people turn to litigation as a first resort, some unaware of the options for mediation provided by the State.

At the same time, the police do not have the legal authority to formally refer parties to restorative justice, a gap in the system which has contributed to persons choosing to litigate.

These and other issues surrounding restorative justice and mediation arose at yesterday’s meeting of the Public Administration and Appropriations Committee (PAAC) with senior officials of the Ministry of Justice.Of the 1,790 cases referred for restorative justice between 2017 and 2020, the majority came through the court system.

In 2019, the police [informally] referred 115 cases, compared to 1,501 referrals from the courts; and in 2020, the police made 228 referrals, while the courts accounted for 1,450.

The ministry says mediation reduces court case time by over two months, yet fewer than five per cent of Supreme Court matters are referred to mediation each year, despite its potential to significantly contribute to a reduction in case backlog.

Mediation cases disposed of in the Supreme Court between 2017 and 2019 have seen a two-third success rate, according to Government statistics.

Currently mediation is mandatory at the Supreme Court level but is inconsistent in the parish courts.

The justice ministry says some parishes having relatively autonomous parish mediation centres and services that have provided consistent, though limited mediation offerings at the parish courts, while other parishes have limited services.

Court-ordered mediation comes at a cost, while restorative justice is free of charge.

PAAC chairman Mikael Phillips said it was of concern that people are reporting to the police but continue to take their matters to the court.

The goal of restorative justice is to address the harm suffered by the victim, identify the obligations of the offender, and address the needs of the victim, allowing these individuals to participate in identifying reparative measures to be taken by the offender. The programme also helps to reintegrate the offender into the community.

— Alphea Saunders