May 6, 2025
By Christine St. Marie 
Mediation, in my view, is not very popular in the legal sphere in our region. Once there is a legal conflict, one is more likely to think of litigation. Many are not even aware that they can seek Alternative Dispute Resolution (ADR), which includes mediation. But what is Mediation? Mediation, as defined by the Mediation Act No.8 2004 (“Mediation Act”) of Trinidad and Tobago, is a process in which a Mediator facilitates and encourages communication and negotiation between the mediation parties and seeks to assist them in arriving at a voluntary agreement.
Another definition is “a voluntary process used in collaboration with conflict resolution techniques where parties in a dispute come together to resolve conflict in the presence of a neutral third party (the Mediator)."
In Trinidad and Tobago, a Certified Mediator is a person whose name has been entered on the register of certified mediators under Section 7 of the Mediation Act. That person would have completed a minimum of forty (40) hours in a standard mediation training programme (undergo practical mediation training as well) and has demonstrated practical experience by observation of at least four (4) mediation sessions conducted by a certified mediator. In this article, we will explore the elements of Mediation and its pros and cons as opposed to Litigation. Some of the Main Elements of Mediation 
Setting
Mediation has a more relaxed setting than litigation. As opposed to being in Court before strict judges or judge and jury, mediation is usually conducted in a private “round table” setting where parties (not being too close to each other) face each other and express themselves. At times, Attorneys at Law are present but usually, it is just the parties and the Mediator (neutral third party). Parties are also not bound by the strict rules of the Civil Proceedings Rules 1998 (CPR) as amended, which also stipulate penalties if rules as not adhered to. Therefore, parties feel less intimidated and afraid (and yes there are people who are afraid of Court...literally!) and are more comfortable to say what they would like to say. However, parties can get disrespectful, even aggressive at times, and this is where the Mediator must exert some level of control and set the pace for the Mediation. 
Voluntary One of the most unique aspects of Mediation is that it is totally voluntary. It is not a “forced situation” as we often see in litigation, when someone is “summoned” to court or subpoenaed. The parties have to want to do this. However, because it is voluntary, one or more of the parties may be uncooperative. Even after the mediation process has begun, a party may decide to abort the process leaving the dispute unresolved. When this happens, parties either seek redress through litigation or abandon the process altogether. Neutral Third Party In Mediation, a neutral third-party, the Mediator, is involved. The role of the mediator is crucial to the mediation process and can affect how the process is navigated. The Mediator sets the tone for the entire process. The Mediator must inform the parties of his or her neutrality and what his or her role entails. Private & Confidential The Mediation process is private and confidential. The Mediator must reassure the parties that everything discussed in the mediation is private and confidential and information would not be divulged, unless consent is given by the parties. There are of course, exceptions to the rule, for instance in a case where disclosure is necessary such as when there's a duty to report a serious crime, a threat to public safety, or a child's safety is at risk or if it is ordered by the Court. The privacy that parties enjoy in Mediation is not afforded to parties in litigation since litigation is often conducted in open court. The outcome of litigation is also public information. Whereas in Mediation, parties most often than not arrive at a settlement and a mediation agreement is drafted. However, this is not a legally binding document. Preservation of Relationships When a conflict arises, especially a family dispute, whereby parties may not necessarily want to severe ties, but simply want the matter resolved, mediation is definitely the route to take. Unlike the acrimonious nature of litigation, mediation is amenable. In mediation, parties can openly express how they feel and make their interests known. That allows parties to better appreciate each other’s points of view and try to reason. The Mediator also ensures that the interests of all parties are considered and gear them towards some “middle ground”. Litigation, on the other hand, follows a more structured and adversarial path, where each party presents their case with the aim of securing a favorable outcome. While it can be an effective and necessary route—especially in matters that require legal precedent or judicial enforcement—it often comes with its own set of challenges. Even when a party is successful, the process can be lengthy, emotionally taxing, and financially demanding. The time, energy, and resources invested may weigh heavily, which is why, where appropriate, exploring alternative means of resolution like mediation can be beneficial. Faster & Cost Effective Last but not least, Mediation is much cheaper than litigation. As opposed to litigation that may take several years, mediation may take mere months. Depending on the situation, a matter may even be resolved in three (3) sessions. Litigation is also risky; parties may take a matter all the way up to the Privy Council, spending thousands of dollars and still lose. In mediation, because parties’ interests are at the forefront of the process, therefore, the matter is more likely to be settled. Ultimately, Mediation, being an ADR method, is an effective way of reducing the backlog of cases before the court. Hence the reason the Court has incorporated ADR in the CPR making it a key part of the “overriding objective” in achieving just and efficient dispute resolution. Where can one seek Mediation? Family Mediation is offered by the Family Court. More information is given HERE. The Ministry of Sport and Community Development under the Community Mediation Services Division also provides Community Mediation. Here is a list of the main Community Mediation Centers in Trinidad and Tobago:
Private Mediation Services While some court-connected mediation options exist, it's also worth noting that private mediation services are available and accessible. At institutions such as ours (Aurora Chambers), for example, certified mediators offer neutral and professional mediation services in civil, family, and commercial disputes. These sessions are scheduled at the convenience of the parties involved, with an emphasis on confidentiality, flexibility, and preserving relationships where possible. Choosing mediation does not mean giving up your legal rights; rather, it provides an avenue to potentially resolve disputes without the delays and formalities of the court system. For many, it is a welcome alternative that allows for creative solutions and constructive dialogue. In conclusion, mediation deserves more visibility and consideration in our local legal culture. Its potential to resolve disputes with dignity and mutual respect is significant—and underutilized. As awareness grows, perhaps more people will come to see that not every dispute must lead to a courtroom. Sometimes, a round table and a willing spirit can go a long way. 
Christine St. Marie is an Associate Attorney at Aurora Chambers. She can be reached at a[email protected].
Important Notice: This article is for informational purposes only and does not constitute legal advice. Always seek consultation with an attorney for your specific legal concerns, as only a professional familiar with the details of your situation can provide proper guidance. This website is managed by AURORA Chambers; a law practice in Trinidad and Tobago. Click HERE to receive updates straight to your inbox by subscribing to our newsletter.
1 Comment
Jay Ashoke
9/5/2025 04:59:29 pm
You are doing a fantastic job, thanks Leave a Reply. |
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