Senate gives nod to Mediation Bill

THE Mediation Bill, 2026, which formalises the use of alternative dispute resolution in the criminal justice system, received bipartisan support during its passage in the Senate on Friday. In piloting the Bill, Leader of Government Business in the Senate Kamina Johnson Smith noted that, while mediation takes place in Jamaica, “the framework within which it is offered has long needed streamlining and strengthening in order to harness its full potential”. “This Bill seeks to establish a comprehensive framework governing the conduct of mediation in Jamaica. It provides for the registration of mediators, the licensing and regulation of mediation providers for continuing professional development, and the establishment of the necessary institutional machinery,” said Johnson Smith. She described the new legislation as “another practical addition to our toolkit as we address our national challenge of managing conflicts, settling disputes and building peace in our homes, communities and workplaces”. “Very importantly, it establishes the legal framework required for Jamaica to ratify the United Nations Convention on international settlement agreements resulting from mediation, commonly known as the Singapore Convention on Mediation,” added Johnson Smith, who is also the minister of foreign affairs and foreign trade. Leader of Opposition Business Senator Donna Scott-Mottley welcomed the establishment of a public register of mediators in the Bill during her contribution to the debate. She observed that “citizens should be able to check whether someone is registered and whether a service provider is licensed. There needs to be a certainty about that,” she stated. The Opposition lawmaker indicated her liking of clause 12 of the Bill which allows “other training” whereby people can qualify to become licensed mediators. She also expressed her liking for clause 29 which outlines a range of disciplinary responses, including warnings, corrective action, and further training.

JOHNSON SMITH... another practical addition to our toolkit as we address our national challenge of managing conflicts, settling disputes and building peace in our homes, communities and workplaces

“I like that, too, because not every breach should attract the same sanction,” she said. Government Senator Christian Tavares-Finson described the Bill as “a significant piece of legislation with the potential to strengthen our justice system, promote peaceful conflict resolution, preserve relationships, and contribute to Jamaica’s social and economic development”. “At its heart, this Bill is about more than regulating a profession. It is about how we choose to settle our differences. Must every disagreement become a battle? Must every conflict end in confrontation? Must justice always require a courtroom?” he said. Arguing that justice must be accessible, timely, fair, and responsive to people’s needs, Tavares-Finson posited that mediation offers an important means of achieving these objectives. He said a comprehensive legal framework for mediation is therefore a welcome step towards modernising Jamaica’s justice system while building a society that values dialogue, accountability and peaceful settlement. Tavares-Finson outlined that mediation increases access to justice, in particular for a person looking 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,” he said, adding that mediation also reduces the pressure on the courts, preserves families, relationships and communities, and supports economic development.

SCOTT-MOTTLEY... citizens should be able to check whether someone is registered and whether a service provider is licensed

Tavares-Finson also pointed out that Jamaica’s economic progress depends partly on investor confidence, reliable contracts, and the ability of businesses to resolve disagreements efficiently. Government Senator Kavan Gayle, a trade unionist, cited that the society faces disagreements arising from economic pressures, workplace conflicts, family disputes, community tensions, and competing interests. “The Government’s promotion of mediation recognises the need for peaceful, timely and cost-effective alternatives to prolonged confrontation and litigation,” said Gayle. “Mediation can reduce the burden on courts and public institutions, preserve relationships, improve productivity, and strengthen public confidence in dispute resolution,” he argued. According to Gayle, “Mediation must complement, not replace justice, collective bargaining, established grievance procedures, and the protections of workers’ rights. “The fundamental objective is to build a society where disagreements can be resolved fairly and constructively without unnecessarily damaging relationships or escalating into prolonged disputes,” he said. The Bill was eventually passed with four amendments. It was passed in July in the House of Representatives where it was piloted by the Minister of Justice and Constitutional Affairs Delroy Chuck.