Bennett-Cooper backs Mediation Bill as tool to ease family land disputes

KINGSTON, Jamaica - Government Senator Rose Bennett-Cooper has backed the Mediation Bill, 2026, noting that the proposed legislation could help Jamaican families resolve disputes over ancestral land without becoming embroiled in costly, protracted and divisive court battles. Contributing to the debate on the Bill in the Senate on Friday, Bennett-Cooper, an attorney-at-law who has extensive expertise in land use, development and property matters, said mediation should be viewed as a practical way to address conflicts involving family property, inheritance and relationships strained by unresolved disputes. “Sometimes, the very inheritance intended to unite a family becomes the source of division, bitterness and costly legal battles,” she said. The senator noted that many Jamaican families occupy ancestral land under informal arrangements passed down through generations, often without registered titles, formal subdivision or written agreements. While these arrangements may endure for years, disagreements can emerge over ownership, occupation, improvements to the property or plans to sell. “Suddenly, a family inheritance becomes a source of competing claims,” Bennett-Cooper said, highlighting how property intended to provide security and continuity can instead become the cause of deep divisions among relatives. “The land that was meant to hold a family together can become the very thing that tears it apart.” She pointed to the bill’s provisions for family mediation, which could provide a structured process for relatives by blood, marriage or adoption to address suitable disputes with the assistance of a neutral third party. “Sometimes the courts can settle a dispute. But the court cannot always repair a relationship,” she said, making the case for resolving disagreements before they harden into lasting family rifts. Bennett-Cooper was careful to distinguish mediation from the formal legal processes required to establish ownership or administer an estate. Mediation, she noted, cannot determine legal title or replace estate administration. Rather, it can help families communicate, clarify concerns and explore mutually acceptable solutions while respecting their legal rights. The senator also underscored the importance of public confidence in the mediation process, welcoming the bill’s proposed regulatory framework. She highlighted safeguards addressing mediators’ independence and impartiality, arguing that professional standards are essential to ensuring that Jamaicans can trust the process. The proposed legislation, she argued, offers an opportunity to strengthen dispute resolution in Jamaica by helping people protect not only their property rights, but also the family relationships that give inherited land its enduring value. Bennett-Cooper further contended that mediation could complement broader efforts to improve access to justice by resolving suitable disputes without the time and expense of a full trial, allowing the courts to focus on matters requiring judicial determination. She urged families to regularise land ownership, ensure estates are properly administered and document agreements, while using mediation where appropriate to address disagreements constructively. The bill was passed in the Senate with four amendments. When Minister of Justice and Constitutional Affairs Delroy Chuck opened the debate on the Mediation Bill, 2026, in the House of Representatives in June, he described the proposed legislation as a modern framework intended to expand access to mediation across Jamaica. Chuck said the Administrator-General’s Department would train 20 mediators to help address disputes involving deceased persons’ estates and property left behind. He also encouraged businesses and public institutions to embrace mediation, arguing that it could help Jamaicans resolve conflicts more effectively.