Chief Justice Leslie Haynes KC has underscored the importance of mediation as a pivotal tool in addressing court backlogs and fostering harmony within communities.
Speaking at the launch of the Court Annexed Mediation Project’s logo competition on Thursday, he said there was a need for greater public engagement and understanding of mediation as an effective alternative to traditional litigation.
Mediation, which involves the intervention of a neutral third party to resolve disputes outside of the courtroom, has been gaining traction in the Barbadian judicial system. The Chief Justice highlighted that while the concept is not new, it plays a crucial role in ensuring the efficiency of the courts.
“Mediation is a cog in the wheels of justice. And truth be told, it matters not the size of the cog, because once a cog doesn’t work, the whole machine does not work,” Haynes said to an audience that included legal professionals and representatives from the Ministry of Youth, Sports, and Community Empowerment.
The chief justice pointed out that although mediation may not always result in a settlement, it is instrumental in managing the expectations of disputing parties. In personal injury cases, for example, he said mediation could bring unrealistic demands into perspective, even if no agreement is reached.
“People…will come and tell you, ‘I want a million dollars for my injury – US dollars’,” he remarked. “But you know that the injury is worth no more than $50 000 or thereabouts. Mediation helps bring those expectations into reality.”
Mediation was first introduced in the 1990s with limited success but began to gain momentum following the implementation of the Civil Procedure Rules in 2008. These rules encourage courts to actively promote alternative dispute resolution, including mediation.
But the head of the judiciary admitted that the legal profession initially resisted the change, as many attorneys feared mediation would threaten their fees.
“Over time, however, the Bar Association has come to support mediation, recognising that it can help expedite case resolutions and improve client satisfaction,” Chief Justice Haynes said.
A key challenge now lies in ensuring that the wider public appreciates the value of mediation. The chief justice noted that the logo competition was an opportunity to engage young people and raise awareness about the benefits of mediation.
“John Public has to buy into it, and an effort has to be made to bring the public in. I always believe when you’re going to engage the public, go to the young ones, too. They’re flexible in their thinking and more receptive,” he said.
The logo competition seeks to create a visual identity for the Court Annexed Mediation Project, inviting young Barbadians to showcase their creativity and contribute to the promotion of alternative dispute resolution.
The contest is open to Barbadians aged 18 to 35, with a cash prize of $2 500 for the winning design. The logo will serve as a key representation of the Mediation Department, encapsulating its values and mission of promoting peaceful conflict resolution.
“We recognise the need for a strong, identifiable logo that encapsulates our mission and values,” said Theo Franklyn, Chair of the Subcommittee overseeing the project. “The competition invites the participation of artists, graphic designers, and the general public, empowering them to contribute to a significant national initiative. This engagement fosters a sense of ownership and pride in the Mediation Department’s mission.”
Chief Justice Haynes urged participants to think creatively and draw inspiration from Barbadian culture, the justice system, and the principles of mediation.
“We want a logo that can fit into the landscape of Barbados and be easily identifiable,” he said.
Interested participants must submit their designs by October 17. The winning logo will be unveiled during Mediation Week next month.
