Chief Justice Marston Gibson Should Consider Expanding Alternative Dispute Resolution To Include Family Law Matters

Chief Justice Marston Gibson

Chief Justice Marston Gibson

In BU’s previous blog about Alternative Dispute Resolution (ADR) most if not all of the comments  shared were favourable to its quick implementation. We cannot repeat enough times how lamentable it is that –  to quote CJ Gibson – ‘our Courts are in crisis’ and ADR was not  introduced under the former CJ as one  tactic to assist with the efficient handling of the case backlog in our Courts. Nevertheless  for his effort Sir David Simmons  was rewarded the obligatory Knighthood.

Whilst the OECS Practice Directions exist for Barbados to follow  – and it seems ‘strange’ that we should be following the OECS on this matter in much the same way that as a jurisdiction it has already achieved  CAT 1 status contrasted with Barbados’ Cat II – there is merit to the CJ advocating for expanding  ADR to include family law matters. Anyone who has observed how family  matters are dealt with by the Barbados Courts is driven to be very  sympathetic to the parties on both sides of the matter. Most oft than not the principals are from the lower rung of society with few options available to them except to wait on our Courts to give currency to the view that justice delayed is justice denied.

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