The Tribune

By DENISE MAYCOCK

Tribune Freeport Reporter

dmaycock@tribunemedia.ne

ALTERNATIVE dispute resolution can bring resolve to the “burgeoning backlog of cases” in the court system, according to Michael Diggiss, chair of the Bahamas branch of the Chartered Institute of Arbitrators (CIArb).

He indicated that court systems are overwhelmed and inundated with cases that require legal expediency of resolve.

“The global pandemic further creates an increased backlog of cases to be adjudicated in a timely, proficient manner – our court systems need relief,” Mr Diggiss said.

Reducing the backlog, he said, could happen through the alternative dispute resolution (ADR) techniques.

Mr Diggiss explained that ADR utilises techniques that can be applied when resolving disputes, depending on the nature of the dispute, thus eliminating the court process and reducing the legal backlogs of filings.

Also, he noted that where an ADR clause is stipulated into a contract, the courts could be obliged to support it.

ADR facilitates various options of resolution, including negotiation, international or domestic arbitration, mediation, conciliation, where adjudication through the court becomes the final option when cases cannot be resolved through ADR methodology.

“The ADR option provides an alternative methodology of resolution where the likely restitution of relationships between litigious parties can be restored in a less stressful, contentious way. Parties can decide to have their cases held in a highly confidential manner rather than through an open public system. Additionally, ADR affords pragmatic, professional resolve to the burgeoning backlog of cases in our court system in a cost-efficient way,” said Mr Diggiss.

“Globally, certain jurisdictions in the judicial systems have made it possible for the courts to refer matters to ADR, which will mean that there is a sharing of the disputes between the parties as well as the courts. This eliminates the overload of work where matters can be heard swiftly, in both institutions and the courts. Hopefully, very shortly, the same practice will take place in The Bahamas, where the ADR system, as well as the judicial system, will work together to give better service both locally and internationally. The result, too, will foster better relationships between parties,” he stated.

He said that our laws need to be on par with the rest of the world where there are vetted arbitration alternatives available.

“Proper arbitration included in our legal processes would also attract international investors to our shores, thus enhancing our economic growth and stability,” he said.

CIArb Bahamas Branch was started in 2010 and approved by the CIArb headquarters in London in 2012.

In addition to education and training, CIArb Bahamas aims to further sensitise the public and bring further awareness to ADR on the importance and effectiveness of resolving issues as they arise.

Mr Diggiss, an architect, said any professional can join and become an arbitrator to act or represent parties in a dispute.

“In my case, I am an architect and project manager, and I came into this as a novice not knowing if I actually had a place,” he said.

“But, through the understanding and appreciation of those already a part of the organisation, and as disputes are becoming far more complex, those with specialised knowledge are ideally suited to become arbitrators of specific disputes in areas such as construction, and maritime, among others.”