Chief Justice of the Eastern Caribbean Supreme Court, Justice Hugh Rawlins is seeking to have Courts proactively recommend mediation to litigants.

Delivering a simulcast address from Castries, St. Lucia to mark the opening of the law year 2008-2009, Justice Rawlins’ message was heard during a special sitting of the High Court at the House of Assembly Building in Road Town, which was presided over by Justice Rita Joseph-Olivetti.

Several legal practitioners gathered for the special sitting and were joined by Governor David Pearey; Deputy Premier and Minister for Health and Social Development, Dancia Penn-Sallah; and Speaker of the House of Assembly, Roy Harrigan. 

“Our court-connected mediation programme continues to provide a credible alternative to our traditional adversarial approach to dispute resolution,” Justice Rawlins stated.

He thanked Francis Compton, the Regional Mediation Co-ordinator, for his unswerving commitment to the successful institution and continuity of this aspect of the reform programme.

According to Justice Rawlins, during the new law year, Compton will institute a training programme for mediators in the specialised area of family mediation.

“My observation is that the Court’s mediation services are under-utilised. We encourage our Courts proactively to recommend mediation to litigants. We also encourage legal practitioners and the public to make better use of these services, which provide a flexible, relatively quick and cost effective means for resolving disputes,” said Justice Rawlins.

Prior to Justice Rawlins’ an address by Attorney General, Kathleen Quartey was read, while speeches were given by Member of the Inner Bar, Dr. Joseph Archibald; President of the Bar, Tana’ania Small-Davis; and Member of the Utter Bar, Arabella di Iorio.

In her address President of the Bar, Small-Davis said there are issues that need to be addressed including better court facilities, legal aid and the urgent need to examine the draft Legal Profession Act. In his address, Justice Rawlins welcomed Indra Hariprashad-Charles to the Court of Appeal in an acting capacity during the next Law Term and wished her a fulfilling stint.

Charles sat in the High Court in the VI during the last law year.

Discipline 

The Chief Justice also conveyed a present concern relating to the many complaints from the public reaching him, which raised serious ethical and professional questions.

“Knowledge of the law puts a powerful tool at our disposal.  I am constantly reminded of the words of my fore-bearers that while it is a good thing to have a lion’s strength, it is tyrannous to use it as such,” said Justice Rawlins.

He added that the Court recognises that it must move to assist the process of discipline, which appears to be bogged by complex or non-existing procedures.

“We are in the process of engaging the services of a person to draft the rules which are required to support the legislation for disciplining members of the profession.  “The Court cannot address the problem alone. The Court cannot be cast in the role of complainant, investigator and prosecutor,” Justice Rawlins stated.

He invited the Bar Associations in the Member States and Territories to be cognizant of the critical role they need to play in ensuring that the ethical standards of the legal profession are upheld.

“The Bar Associations are urged to embark on the relevant continuing legal education programmes and to institute systems for ensuring that ethical standards are known and adhered to,” The Chief Justice added.

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