The Dispute Resolution Foundation (DRF) was formed in July 1994 with the mission to achieve accommodating and non-violent relation between citizens, corporations and other organizations within a democratic and restorative justice framework.
DRF provides a platform on which citizens, communities and other groups can strengthen and expand their use of mediation and other effective methods of preventing and resolving disputes in Jamaica and the wider Caribbean.
The Dispute Resolution Foundation, formerly the Mediation Council of Jamaica, was incorporated under the Companies Act on July 11, 1994. Core funding was granted until 1996 by USAID under the Sustainable Justice Improvement Programme. The Foundation seeks to implement a very successful model of dispute resolution which is widely used by businesses and courts in the U.S.A., Hong Kong, Canada, Australia and the United Kingdom.
The Core Values of the DRF are:
- AFFIRMATION
- COOPERATION
- COMMUNICATION
- RESPECT
MISSION STATEMENT
To achieve accommodative and non-violent relationships between citizens, corporations and other organizations within a democratic and restorative justice framework, thereby profiting the citizens, communities and the country by strengthening and expanding the use of mediation and other alternative effective methods of preventing and resolving disputes in Jamaica and the region.
OBJECTIVES
The following are some of the objectives of the Foundation:
- To establish methods of resolving disputes in Jamaica which are supplementary, complementary or alternative to litigation, called Alternative Dispute Resolution (ADR) techniques;
- To encourage and educate the public about using ADR techniques to handle conflicts and differences without resorting to violence;
- To establish several dispute resolution facilities in communities throughout Jamaica;
- To explore and establish such ADR techniques as methods of resolving domestic, commercial, industrial, political and social disputes among members of the Jamaican community;
- To increase the use of mediation services by the legal profession as a dispute resolution option.
PROJECTS
The Dispute Resolution Foundation’s facilitation team has considerable experience working together in large and small group interventions in public policy as well as with justice, business, academia, and with at-risk communities. DRF has consistently been involved in the training and sensitization of thousands of individuals across Jamaica under several internationally funded projects since 1994.
Successful projects of DRF include:
1990s
Hosted Prof. Howard Zehr and Ms. Barb Toewes and provided introduction to Restorative Justice to Jamaica and key stakeholders.
2003
UNDP workshops for political parties in Spanish Town.
2004
National Year of Dispute Resolution Declarations to mark DRF’s 10th Anniversary which allowed for public education, conferences and a host of events to promote dispute resolution in Jamaica.
2005
CIDA-funded Peacemaking, Gender Equity & Empowerment for Young Men & Women in Spanish Town & Environs (June, 2005)
2007
Certification of Mediators for Belize Family Court in Belize (May, 2007)
40 Hour Basic Mediator Training in Guyana, as well as Mediation 101 Seminar for Attorneys in Guyana (June, 2007)
2009
National Year of Dispute Resolution Declarations to mark DRF’s 15th Anniversary which allowed for public education, conferences and a host of events to promote dispute resolution in Jamaica.
2010
40 Hour Basic Mediator Training in Guyana, as well as Mediation 101 Seminars for Attorneys in Guyana.
2012
Certification of Mediators for Belize Family Court in Belize
DRF/UNICEF funded the School Suspension Intervention Programme. This initiative was supported by the Ministry of Education and was launched in four (4) parishes in Jamaica. A total of 3469 individuals were impacted… 1928 males and 1541 females
Other Projects:
- Being a member of the Design, Strategy and Implementation Team of Partners in Social Conflict & Legal Reform Project of CIDA/GOJ. Other team members/ partners included PALS, the Ministry of Education & Youth, and the Ministry of Justice. The DSI Team of Partners were able to, inter alia:
- Establish Peace & Justice Centers in Trench Town & Flanker, Montego Bay
- Conducted pilot Mediation Project in the Supreme Court civil jurisdiction resulting in New Rule, Part #74, Civil Jurisdiction instituting automatic referral of cases to mediation, the most significant change in Jamaica&...
Dispute Management Resolution System
Executives in the new millennium are facing an ever-increasing number of organizational disputes in the form of customer complaints, employee grievances, charges of discrimination, contractual disagreements, law suits and unhealthy competition within and between work groups.
Organizations are inclined to handle these conflicts on an ad hoc basis or to use approaches which may escalate the situation. A constructive approach to managing organizational conflicts provides an integrative and comprehensive way to minimize conflict and resolve disputes when they arise.
Executives and managers who are seeking better ways of handling internal and external corporate and governmental conflicts may need to look at the following:
- Analysing sources of disputes, evaluating the nature and effectiveness of current procedures and involving key people in the organization in assessing the need for change.
- Developing an individually appropriate system step-by-step with organization members.
- Examining various dispute management procedures including mediation, advisory mediation and arbitration for their implementation.
- Modifying – i.e. matching the appropriate dispute management procedure to the problem; managing and evaluating the results and making appropriate adjustments.
- Overcoming organizational resistance to change by working with difficult people, building supportand handling “political” problems in advance.
- Sensitizing their companies internally and externally to new approaches.
Mediation in Jamaica
THE DISPUTE RESOLUTION FOUNDATION was incorporated July 1994 to increase cooperation in the management and resolution of disputes involving business, the police, courts, social service agencies and the people, through the controlled process of mediation, under the Chairmanship of Mr. Novar McDonald.
In mediation a trained unbiased person guides the disputants to a resolution of their dispute. There is respect for the rationalityand responsibility of the persons involved and experience teaches that people live up to our expectations of them and their own decisions.
The DRF has a panel of skilled mediators and trainers to resolve disputes, train mediators, and develop business, court-annexed, police and community dispute resolution, and arbitration programmes – appropriate options for dispute resolution, under the patronage of the Chief Justice of Jamaica.
February 1995 to the present has seen over 80,000 persons being recipients of training or service, in Jamaica, Belize, Haiti, Trinidad & Tobago, The Bahamas, Guyana, Barbados and the OECS states. Participants included teachers, students, lay magistrates, police officers, community leaders, inmates, correctional service officers, judges, attorneys, corporate executives, managers, line staff and young people.
Peace & Justice Centres have been established in Kingston & St. Andrew, St. Mary, Manchester, Hanover, St. Catherine, St. Ann,Portland, Trelawny and Clarendon with four locations in St. James. Trained mediators are in St. Thomas, Westmoreland and St. Elizabeth. These centres and mediators will offer mediation services and support the work of the police, courts, CBOs and schools in reducing crime and violence in Jamaica.
Public awareness of mediation has greatly increased as political parties, the correctional services, social development groups and the business communities have begun to use our services to improve the workplace climate.
The DRF was set up by a USAID grant under the Security & Justice Improvement Project which ended in 1996. From May June 2000 to August 2005 the DRF, as a significant partner implemented the Social Conflict and Legal Reform Project (SCLRP) of CIDA and the Government of Jamaica. This project included training of mediators and establishing of Peace & Justice Centres in Trench Town and Flankers in Montego Bay. In addition, new Civil Procedure Rules, Part 74, instituting automatic referral to Mediation in the Civil Division of the Supreme Court came into being in January 2006.
The DRF continues to work throughout Jamaica and the Caribbean, promoting Mediation programmes, as well as interventions in communities, schools and incidence of domestic violence. Continued sustainability and institutional growth and strengthening will require a combination of corporate and international grants and donations as well as fees for service.
The Mediation Model
1. INTRODUCTION
This is the first formal contact between the parties and the mediator. The mediator should identify the parties, define mediation, explain the mediation process and establish ground rules. Because first impressions are important, the mediator should pay special attention to this stage.
2. PROBLEM DETERMINATION
In this stage of the process, the mediator asks each party to relate his/her side of the story. During problem determination there is a flow of information from the disputing parties to the mediator. The mediator’s function is to facilitate the flow of this information.
3. SUMMARIZATION
After each party has completed his story, the mediator should summarize. The words used by the mediator in the summary must be neutral and non-judgmental in nature. It is important, however, that the summary be an accurate statement of the essence of each party’s story.
4. ISSUE IDENTIFICATION
In the issue identification stage, the mediator assists the parties in identifying those issues that need to be mediated if there is going to be a resolution of the dispute.
5. GENERATION AND EVALUATION OF ALTERNATIVES
During this stage, the parties propose alternatives for resolving the dispute. The parties proceed to discuss these alternatives in an effort to effect a resolution of the problem.
6. SELECTION OF APPROPRIATE ALTERNATIVES
During this stage the parties agree on which alternatives will resolve the dispute.
7. CONCLUSION
The mediation should conclude with a final re-statement and clarification of the terms of the resolution by the mediator.
Dispute Management Resolution System
Executives in the new millennium are facing an ever-increasing number of organizational disputes in the form of customer complaints, employee grievances, charges of discrimination, contractual disagreements, law suits and unhealthy competition within and between work groups.
Organizations are inclined to handle these conflicts on an ad hoc basis or to use approaches which may escalate the situation. A constructive approach to managing organizational conflicts provides an integrative and comprehensive way to minimize conflict and resolve disputes when they arise.
Executives and managers who are seeking better ways of handling internal and external corporate and governmental conflicts may need to look at the following:
- Analysing sources of disputes, evaluating the nature and effectiveness of current procedures and involving key people in the organization in assessing the need for change.
- Developing an individually appropriate system step-by-step with organization members.
- Examining various dispute management procedures including mediation, advisory mediation and arbitration for their implementation.
- Modifying – i.e. matching the appropriate dispute management procedure to the problem; managing and evaluating the results and making appropriate adjustments.
- Overcoming organizational resistance to change by working with difficult people, building supportand handling “political” problems in advance.
- Sensitizing their companies internally and externally to new approaches.
Mediation in Jamaica
THE DISPUTE RESOLUTION FOUNDATION was incorporated July 1994 to increase cooperation in the management and resolution of disputes involving business, the police, courts, social service agencies and the people, through the controlled process of mediation, under the Chairmanship of Mr. Novar McDonald.
In mediation a trained unbiased person guides the disputants to a resolution of their dispute. There is respect for the rationalityand responsibility of the persons involved and experience teaches that people live up to our expectations of them and their own decisions.
The DRF has a panel of skilled mediators and trainers to resolve disputes, train mediators, and develop business, court-annexed, police and community dispute resolution, and arbitration programmes – appropriate options for dispute resolution, under the patronage of the Chief Justice of Jamaica.
February 1995 to the present has seen over 80,000 persons being recipients of training or service, in Jamaica, Belize, Haiti, Trinidad & Tobago, The Bahamas, Guyana, Barbados and the OECS states. Participants included teachers, students, lay magistrates, police officers, community leaders, inmates, correctional service officers, judges, attorneys, corporate executives, managers, line staff and young people.
Peace & Justice Centres have been established in Kingston & St. Andrew, St. Mary, Manchester, Hanover, St. Catherine, St. Ann,Portland, Trelawny and Clarendon with four locations in St. James. Trained mediators are in St. Thomas, Westmoreland and St. Elizabeth. These centres and mediators will offer mediation services and support the work of the police, courts, CBOs and schools in reducing crime and violence in Jamaica.
Public awareness of mediation has greatly increased as political parties, the correctional services, social development groups and the business communities have begun to use our services to improve the workplace climate.
The DRF was set up by a USAID grant under the Security & Justice Improvement Project which ended in 1996. From May June 2000 to August 2005 the DRF, as a significant partner implemented the Social Conflict and Legal Reform Project (SCLRP) of CIDA and the Government of Jamaica. This project included training of mediators and establishing of Peace & Justice Centres in Trench Town and Flankers in Montego Bay. In addition, new Civil Procedure Rules, Part 74, instituting automatic referral to Mediation in the Civil Division of the Supreme Court came into being in January 2006.
The DRF continues to work throughout Jamaica and the Caribbean, promoting Mediation programmes, as well as interventions in communities, schools and incidence of domestic violence. Continued sustainability and institutional growth and strengthening will require a combination of corporate and international grants and donations as well as fees for service.
The Mediation Model
1. INTRODUCTION
This is the first formal contact between the parties and the mediator. The mediator should identify the parties, define mediation, explain the mediation process and establish ground rules. Because first impressions are important, the mediator should pay special attention to this stage.
2. PROBLEM DETERMINATION
In this stage of the process, the mediator asks each party to relate his/her side of the story. During problem determination there is a flow of information from the disputing parties to the mediator. The mediator’s function is to facilitate the flow of this information.
3. SUMMARIZATION
After each party has completed his story, the mediator should summarize. The words used by the mediator in the summary must be neutral and non-judgmental in nature. It is important, however, that the summary be an accurate statement of the essence of each party’s story.
4. ISSUE IDENTIFICATION
In the issue identification stage, the mediator assists the parties in identifying those issues that need to be mediated if there is going to be a resolution of the dispute.
5. GENERATION AND EVALUATION OF ALTERNATIVES
During this stage, the parties propose alternatives for resolving the dispute. The parties proceed to discuss these alternatives in an effort to effect a resolution of the problem.
6. SELECTION OF APPROPRIATE ALTERNATIVES
During this stage the parties agree on which alternatives will resolve the dispute.
7. CONCLUSION
The mediation should conclude with a final re-statement and clarification of the terms of the resolution by the mediator.
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