JERSEY LEGAL INFORMATION BOARD
ARE YOU “LOCKED IN” TO A DISPUTE
THAT YOU WANT TO BRING TO AN END??
IS IT AFFECTING YOUR LIFE AND HAPPINESS?
MAY BE ABLE TO HELP
Service arranged by:
The Jersey Legal Information Board
Royal Court House, St Helier, JE1 1BA
Tel: 01534 – 441361
Service administered by:
The Citizens Advice Bureau
St Paul’s Community Centre, New Street, St Helier, JE2 3WP
Tel: 01534 - 724942
What is Community Mediation?
Community Mediation is a service arranged by the Jersey Legal Information Board with administrative support being provided by the Citizens Advice Bureau (“CAB”). The service commenced on 1st April 2009.
Trained mediators will be available to help parties who are involved in a dispute to discuss their problems and help them to try to reach an agreement of their own making.
Mediation sessions are confidential and will take place on Tuesdays, Wednesdays and Thursdays between 3.30pm – 5.30pm at the offices of CAB in St Paul’s Community Centre, New Street, St Helier.
It is expected that sessions will last no longer than 2 hours each.
Is my dispute suitable?
The Jersey Legal Information Board is seeking to offer assistance in resolving small scale disputes in the community between neighbours and friends and between those who do business together.
Examples of disputes that may be suitable are:
· small financial disputes;
· disputes between neighbours such as boundary disagreements; parking infringements; overhanging trees and hedges;
· disputes between landlord and tenant over tenancy agreements and deposits;
· other disagreements of a minor nature e.g. over the quality of workmanship and service.
If a dispute involves a sum of money then it must be an amount less than £10,000.
It is of course essential that both or all parties to the dispute agree to refer it to mediation.
If one of the parties involved in the dispute is a company it will only be possible to arrange a mediation if either the beneficial owner of the company or a representative of the company, who has the authority to make a decision and agree a settlement on behalf of the company, will be available to attend the mediation.
Some disputes are likely to be referred to other appropriate authorities, for example, employment disputes are likely to be referred to the Jersey Advisory and Conciliation Service and family disputes to the Jersey Family Mediation Service.
How does the Community Mediation service relate to the Court system?
The Jersey Legal Information Board is arranging a community based service which will provide individuals with the opportunity for a private mediation to resolve a dispute that does not involve them with the court process or having to pay a lawyer.
It will not be possible for lawyers to attend these mediations. However parties will be able to bring a friend or interpreter with them to a mediation if they wish.
Of course, it will be possible for the parties to use the court process to settle their dispute if it cannot be resolved using this more informal mediation approach.
How do I apply for assistance?
CAB will administer all applications for mediation. Applicants may:
i) return the application form included with this leaflet;
ii) call CAB on 01534-724942;
iii) attend in person at St Paul’s Community Centre or
iv) e-mail CAB on firstname.lastname@example.org.
CAB’s office opening hours are from 10am – 3pm.
What will happen next?
The CAB administrator will ask an applicant for their contact details; a short description of their dispute and for the name and address of the other party. CAB will then send an Invitation to Mediate to the other party or parties asking them to confirm that they are willing to refer the dispute to mediation. If the other party or parties agree, a time will be established for a hearing at the CAB premises at St. Paul’s Community Centre.
Mediators do not decide the outcome of the mediation. Their role is to help the parties reach their own agreement. If an agreement is reached the mediator will write an Agreement document for both the parties to sign at the end of the mediation. Once signed the Agreement will be legally binding.
How much will it cost?
A charge of £20 for the mediation will be payable by each party to the dispute. This fee will be payable at the beginning of the mediation session and will be non-refundable, even if the parties fail to reach an agreement. Payment should be made in cash or by cheque made payable to “Jersey Legal Information Board.” A receipt will be given.
No additional fees will be payable. Parties wishing to produce copies of any documents for a mediation will be responsible for their own costs.
Anyone wishing for further information about this service arranged by the Jersey Legal Information Board should call the Citizens Advice Bureau on 01534-724942.