Ask Kathy


Oct 2011

Q: What is court-annexed mediation?

  A: Court-annexed mediation is the mediation of matters which a judicial officer has ordered to go to mediation or which are mediated pursuant to a general court direction (eg. a procedural rule which states that parties to a matter make an attempt to settle the matter by way of mediation before the first case management conference).   Court-annexed mediation is most often used as...

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Sep 2011

Q: St Vincent & the Grenadines PM Dr. Ralph Gonsalves recently stated that LIAT was contemplating filing action in the Caribbean Court of Justice (CCJ) against Caribbean Airways Limited (CAL) over alleged unfair competition. Can ADR be used in this situation?

  A: Article 223 of the Treaty of Chaguaramas, which established the Caribbean Community (CARICOM), as well as Article XXIII of the Agreement establishing the Caribbean Court of Justice, both make provision for the encouragement and facilitation by member governments of the use of arbitration and other alternative dispute resolution processes for the settlement of private commercial disputes among Community members.

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