Judge raises concerns about mediation agreements

Senior Parish Judge Lori-Anne Cole-Montaque recently highlighted an increasing trend in complaints from individuals engaged in mediation, expressing discomfort with the mediation agreements.

The judge's noteworthy remark came after a complainant in an assult case agreed to accept $4,000 from the accused during a mediation session.

"I am hearing a lot of this since recently. I wish I had more time to mediate my matters by myself. However, I respect the work of the restorative justice," Judge Cole-Montaque said in the Kingston and St Andrew Parish Court.

Mediation is used to settle many matters, especially demeanours where the parties are well known to each other. The initiative aims to improve the pace of litigation, promote early and fair resolution of disputes and to reduce the cost of litigation to the parties.

Cole-Montaque last week altered an agreement that was inked during a mediation session that involved Zavia Thomas and the complainant. In that matter, Thomas admitted to assaulting the complainant by punching him in the face, causing bruising and swelling. The complainant indicated that he wanted more money for compensation, as Thomas was a bully and would oftentimes push him when they crossed paths.

The judge set aside the $4,000 agreement that was made at mediation and ruled that Thomas compensate the complainant in the sum of $20,000. The initial payment of $4,000 was accepted, and the remaining $16,000 is to be paid on December 22, 2023.