Conflict mediation programme progressing well in Old Harbour

The programme, an initiative of the Justice Ministry, seeks to resolve disputes before they reach to the court.

In a recent interview with Old Harbour News, justices of the peace (JPs) Audrey Maragh and Cecil Thomas speak of the early success so far as well as the intricacies in finding solutions to a myriad of issues that are private and confidential, sensitive and packed with raw emotions.

Cases are selected from reports logged at the Old Harbour Police Station and from which both complainant and accused are contacted and presented with the option of pursuing court action or reaching an out-of-court settlement.

The issues are all domestic in nature, including family matters like marriages, acts of infidelity and even suicide.

Sitting inside the renovated Old Harbour Court House with stockpile of cases before them, Maragh said: “The mediation is so much better. It’s not a matter of guilty or not guilty, it is a matter of creating peace. It’s a matter of allowing two warring factions to solve their own problems through mediation.”

From a legal perspective, mediation is an alternate dispute resolution method in which parties to a lawsuit meet with a neutral third-party in an effort to settle the case. What is discuss during mediation is inadmissible, in other words whatsoever is said cannot be used in court.

But under the conflict mediation programme the goal is to try achieving a settlement before it reaches the court.

Since the programme was instituted here in Old Harbour, due largely to the efforts of DSP Damion Manderson, commander in charge of the Old Harbour police sub-division, the results are encouraging so far.

Every Monday, Maragh who is of the Muslim faith and Thomas, who is an Elder at the Ephesus Seventh Day Adventist Church, meet at the court house where they’ll spend at least nine hours combing through various matters as well as helping aggrieved parties to find common ground. Most matters require more than one session because of their complexities and uniqueness in nature, the justices of the peace JPs told Old Habour News. And even after arriving at a settlement, follow-up calls or even visits are done to ensure the proverbial hatchet is buried.

Crucial to arriving at a mutually acceptable agreement, Thomas said getting to the root of what triggered the dispute in the first place is paramount.  

“For example: two neighbours… they might be living on the same building or living in the same yard, and one say you have to leave or else,” Thomas said. “You have to sit with them and get to the root cause of the problem. A lot of the times what is present, there are other underlining issues, and if that underlining problem is not detected then the present problem cannot be resolved.”

Often times the reality of what is likely to transpire in a court of law is presented to the parties; such as the possibility of a lengthy jail time or being slapped with a hefty fine. There are situations of families on the brink of falling apart, but after mediation they return as one. And there are also situations where separation is the best decision for a peaceful life.

Maragh admitted that their job is hard but it is the very reason why she decided to become justice of the peace years ago.

“I want to be a part of a cadre of people that is going to help Jamaica become a softer, gentler society. And for me the only way to do that is to go to the heart of your people. You have to roll up your sleeves and go where the problems are,” she said.