Conclusion of Small Claims Pilot Project.

In September 2001 the Jersey Legal Information Board (JLIB) established a Project Board to pilot the development of a “Small Claims Procedure” in the Petty Debts Court. The intention behind the scheme was to introduce both the concept and use of mediation into the legal processes of the Petty Debts Court in the hope that fewer cases would come to trial. It was believed that litigants would benefit from the chance to mediate their differences and that more efficient case management would be achieved in the Petty Debts Court as a result. A Practice Direction enabled the magistrate sitting on any contested petty debts case brought before the Petty Debts Court to suggest that the matter might best be dealt with before a Mediator.

From the commencement of the pilot in March 2002 to the end of October 2003 a total of 97 actions had been referred to mediation.  Of those actions, approximately 60% had been successfully mediated or settled in the the  immediate aftermath of the mediation.

At its meeting on 4th December 2003 JLIB considered a final Report from the project board on the pilot scheme and agreed that the scheme had been very successful.  Responsibility for the future management and development of the mediation process within the Petty Debts Court was formally handed over to the Magistrate. It is understood that amendments to the relevant Rules of Court to be brought into force in early 2004 will make statutory provision for mediation of small claims.   The Small Claims Project Board was accordingly disbanded.  The two interim Reports (September 2001 & September 2002) produced on behalf of the Project Board  are available on the JLIB website at www.jerseylegalinfo.je/Publications/reports. Further information is obtainable from Mr David Mallett, Assistant Petty Debts Court Greffier.