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Barbados – February/December 2009

Administration of Justice Programme.

Background

In July 2008, ADR Center was awarded a project from the Government of Barbados (GoB), financed by the Inter-American Development Bank, to support the modernization and strengthening of the Administration of Justice Programme. This programme, which is being implemented by the Justice Improvement Programme Secretariat (JIPS), Office of the Attorney General (OAG), seeks to modernize the justice sector by improving court administration processes and enhancing access to justice. This project is multifaceted and complex, because it addresses diverse areas of society – from community issues, to sophisticated commercial conflicts, and even to criminal cases. Due to the broad range of the project, ADR Center will use a diverse team of specialized experts.

Objectives

ADR Center’s objective is to tailor a series of court-annexed ADR mechanisms for the justice system of Barbados and to establish early neutral evaluation, settlement conferences and mediation as sustainable alternatives for resolving civil and criminal cases. This will involve the establishment of a list of trained and certified mediators and early neutral evaluators.

Methodology

ADR Center is working with the Judiciary and Judicial Council of Barbados to design, coordinate, implement and manage a pilot project in court-annexed ADR. 

The project includes training sessions on negotiation, mediation, and expert neutral evaluation. ADR Center will organize courses to train local lawyers and business people as mediators and evaluators. Advanced coursework, known as “train the trainers” courses, will also be established, along with other measures to ensure sustainability of ADR in the community.

One-day workshops for judges, magistrates, attorneys and members of civil society organizations will also be implemented to familiarize these influential groups with how ADR can serve their goals, to review the success and challenges of cases that are referred to ADR, and also to evaluate the efficiency of the efforts to promote mediation in Barbados. 

ADR Center will establish firm standards and a suitable process for certification and evaluation of mediators and trainers of mediation. By working with the relevant stakeholders, including statutory drafters, ADR Center will examine and review legislation relating to ADR in order to ensure that it is designed to best effect. If necessary, ADR Center may make proposals and recommendations for changes to the existing (or draft) legislation.

Lastly, ADR Center will work closely with the Community Legal Services Commission, Bar Association and Civil Society Organizations (CSOs) to inform their membership about the availability, use, and costs of mediation and early neutral evaluation.

 

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