Judiciary Concerned Too Few Cases Are Being Referred to Mediation
Despite a high settlement rate for disputes referred to mediation, the Turks and Caicos Islands Judiciary is concerned that too few people are taking advantage of the process to resolve their legal matters outside the courtroom.
Chairman of the Mediation Committee, Justice Chris Selochan, raised the concern during Mediation Week 2026 celebrations held on Thursday, October 15, at Emily House, Leeward Highway, Providenciales.
The event was held under the theme, “Conversations That Heal, Resolutions That Last,” as the Judiciary continued its efforts to promote mediation as an effective alternative to traditional courtroom litigation.
Justice Selochan said that while the majority of matters referred to mediation have been successfully settled, the number of people utilizing the service remains a concern.
"I'm pleased to indicate that the majority of matters which have been sent for mediation have been settled," he said.
"However, whilst we acknowledge the high success rate for matters referred to mediation, we are concerned that an insufficient number of persons are utilizing the mediation process."
The judge suggested that a lack of awareness and exposure to mediation, including among members of the legal profession, could be contributing to the low participation.
He noted that many people may not fully appreciate the advantages of resolving disputes through mediation rather than pursuing lengthy and potentially expensive court proceedings.
According to Justice Selochan, mediation can significantly reduce the time and legal costs associated with disputes while, in some instances, helping to repair relationships between the parties involved.
The Mediation Committee has also been following up with judicial officers to ensure that cases referred to mediation are progressing as intended, either resulting in settlements or being returned to the courts without unnecessary delays.
In an effort to encourage greater participation, the Judiciary introduced a different approach to this year's Mediation Day activities, organizing a mock mediation exercise to demonstrate how the process works.
The exercise was designed to provide attorneys, members of the public, government representatives and other stakeholders with a practical understanding of how mediation can help resolve disagreements.
Justice Selochan explained that the mock session would involve participants role-playing a dispute, with an experienced mediator guiding the proceedings.
"The objective is to have all stakeholders involved," he said.
The Judiciary also arranged for the proceedings to be streamed on its YouTube channel and Facebook page, allowing people who could not attend in person to observe the exercise.
Justice Selochan said the initiative forms part of a wider effort to educate the public about the benefits of mediation and encourage more people to consider it before engaging in prolonged litigation.
"We hope to spread the word as far as possible that mediation works, and that it can result in savings of time and legal costs," he stated.
He further emphasized that the Turks and Caicos Islands already has trained mediators and modern facilities available to support the process.
The judge also acknowledged the continued support of Chief Justice Yonnette Cummings-Edwards in advancing alternative dispute resolution within the jurisdiction.
His comments highlight a central challenge facing the Judiciary's mediation programme: although cases referred to mediation are frequently resolved successfully, increasing the number of disputes entering the process remains a priority.
The Judiciary is hoping that greater public education, increased involvement from attorneys and practical demonstrations of the mediation process will help more residents recognize it as an effective alternative to traditional courtroom litigation.
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