Traditionally, the main way for persons to resolve a dispute is to go to court. This is often a very expensive and time-consuming process. The fact that Anguilla did not have a resident judge until recently, added to the difficulty.

Alex Richardson

Years ago, we used to be assigned a judge when one was available, who came for a few weeks at a time. Then we began to share a judge with Montserrat, but the judge resided in Montserrat and traveled to Anguilla from time to time. The volcano in Montserrat changed that situation, and we are now fortunate to have a full-time resident judge.

However, the court schedule in Anguilla and throughout the OECS remains quite busy, which means that court cases can still take some time to be heard. This leads some persons to look at what alternatives are available to resolve their legal dispute.
Arbitration has been a good alternative and has been available for a long time. The parties to the dispute agree to be bound by the decision of the arbitrator, who is usually trained and certified. The actual hearings are usually conducted in a similar way to a court case, with evidence being given. Arbitration hearings are governed by internationally recognised standards.

The main advantage of an arbitration is that it saves a huge amount of time, and can be much more convenient for the parties, since the arbitration can be held at any place and time that the parties agree on. While a normal court trial can take many months or even years to be resolved, an arbitration can be concluded in a matter of weeks. There is also a significant reduction in the expenses incurred by the parties.

However, even arbitration can be more expensive than the normal litigant can afford, and it is not for every one. The Eastern Caribbean Supreme Court has therefore been looking at other initiatives, aimed at encouraging persons to avoid the use of the court system where possible. The main initiative is the court-approved mediation programme.

Mediation is a very interesting way of settling disputes. The process bears little resemblance to a normal court hearing. The focus is on bringing the parties to the dispute together, in an informal yet structured process which aims to break down the obstacles to resolution of the dispute. It takes a great deal of interpersonal skills, and successful mediators are persons who are good listeners and communicators. It should be noted that mediators do not necessarily have to be legally qualified; in fact, many of them have absolutely no legal training.

Mediation is particularly useful in family disputes and other scenarios where the parties can be brought together if they are willing to make compromises. The parties agree to spend an agreed length of time (eg, a day) working on resolving the dispute. The mediator acts as the go-between and eventually aims to bring the parties closer and closer together. It is surprising how well this technique works: once people put aside their egos and pride, they often discover that the problem is not as big as they thought it was.

The court-sponsored mediation programme in Anguilla and the Eastern Caribbean is in its infancy. A number of mediators have been trained in each island. The programme will no doubt be a very useful, quick and inexpensive addition to the methods of resolving disputes.

Alex Richardson is Managing Partner of the law firm Alex Richardson & Associates, P O Box 371, NBA Corporate Building, The Valley, Anguilla, Tel: 264 498 4224, Fax: 264 498 4220, email: arichardson@anguillanet.com. He is also Managing Director of Paragon Corporate Services Ltd.

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