JAMELA A. ALI

MEDIATOR


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Mediator in Guyana
Ms. Jamela A. Ali is a Certified Mediator appointed by the Supreme Court of Guyana and provides Mediation services in the administration of justice and settlement of disputes.

*ARTICLE - 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 to 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 efficient 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.  

 

*An edited version of this Article was published

1. AN INTRODUCTION TO MEDIATION in The New Guyana Bar Review Volume 2 Issue 1: May 2008 by Jamela A. Ali, Attorney at Law and Mediator - A Guyana Bar Association (GBA) publication.

2. Mediation World

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Jamela A. Ali, Attorney at Law and Mediator. She provides legal services in Mining Law & Agreements, Conveyancing, Property matters, Trademarks, Adoption of Children, Divorces, Probates of Wills and Administration, Money Claims, Formation of Companies, Mediation, Real Estate, Notarial services, and other matters. She obtained a Masters of Law degree in Legislative Drafting from UWI which included the Public Law courses of Constitutional and Administrative Law and wrote a Research Paper on Legislative Drafting, Parliamentary Counsel, Statute Law Revision, Consolidation of Laws, Law Reform, Constitution, Natural Justice, and Good Administration.

 

Contact:      Jamela A. Ali, Certified Mediator

Address:     Lot 1 Croal Street, Stabroek, Georgetown, Guyana, South America.

Telephone: +592 225 4712

Email:        jamelaali@gmail.com

Website:     www.GuyanaMediator.com


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Copyright April 2008. Jamela A. Ali