Tavares-Finson touts potential impact of Mediation Act

Attorney-at-law and government senator Christian Tavares-Finson has thrown his support behind the Mediation Act 2026, describing it as a significant piece of legislation with the potential to strengthen Jamaica’s justice system, promote peaceful conflict resolution, preserve relationships and contribute to the island’s socio-economic development. The bill, which was approved in the Senate on Friday, seeks to provide a comprehensive framework to govern the conduct of mediation in Jamaica, as well as the registration, licensing and regulation of mediators. The legislation will also give effect to the provisions of the United Nations Convention on International Settlement Agreements Resulting from Mediation, which was adopted by the United Nations General Assembly in New York on December 20, 2018. “At its heart, this Bill is about more than regulating a profession. It is about how we choose to resolve our differences. Must every disagreement become a battle? Must every conflict end in confrontation? Must justice always require a courtroom? I submit, Mr. President, that justice must be accessible, timely, fair and responsive to the needs of our people. Mediation offers an important means of achieving these objectives. A comprehensive legal framework for mediation is therefore a welcome step towards modernising our justice system and building a society that values dialogue, accountability and peaceful settlement,” Senator Tavares-Finson told Parliament on Friday. Tavares-Finson said he supports the bill because a nation that learns to resolve conflicts peacefully strengthens not only its justice system, but also its families, communities, businesses and democracy. He also lauded the bill for potentially paving the way for an improvement in access to justice in Jamaica. “Access to justice is a fundamental principle of any democratic society. Yet we must acknowledge that legal proceedings can be expensive, time-consuming and emotionally draining. For a Jamaican seeking to recover a debt, a small business pursuing payment, a family resolving a property dispute or neighbours involved in a boundary disagreement, the cost and duration of litigation can make justice difficult to obtain," Tavares-Finson reasoned, "We must ask ourselves: What does justice mean to someone with a legitimate grievance but insufficient resources to pursue a lengthy legal battle? Justice must be more than a theoretical right. It must be a practical opportunity available to Jamaicans of every parish, community and economic background. Mediation can help bridge that gap,” he added. Senator Tavares-Finson said the second reason he supports this bill is its potential to improve the efficiency of our justice system. “Our courts perform an indispensable role in interpreting the law, protecting rights and ensuring that justice is administered according to law. However, they must manage competing demands on limited time and resources. Where disputes that could appropriately be mediated proceed through full litigation, valuable judicial resources may be consumed unnecessarily,” he commented. Tavares-Finson said he is optimistic that the bill may also assist in the preservation of families, relationships and communities. “Mr President, not every dispute is simply about winning or losing. Many involve people who must continue to live, work or interact with one another after the disagreement ends," the senator said. "These include family members, neighbours, business partners, employers and employees, landlords and tenants, and members of the same community," he continued. "A court may determine legal rights, but a judgment does not necessarily restore trust, heal resentment or preserve a relationship. Mediation offers a different approach. It creates a structured environment in which parties can express their concerns, understand different perspectives and explore practical solutions.”