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| In the Resident Magistrates’ Court, 2 pieces of legislation authorize the magistrates to refer criminal matters to mediation. First, the Criminal Justice Reform(Amendment) Act 2001, Section 16-(1): |
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| “Where a person is charged with any offence contained in the Second Schedule, the court shall, before commencing the trial of the offence, determine, having regard to all the circumstances and with the consent of all the parties, whether the matter can be dealt with by mediation.” |
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| Second, the Resident Magistrates’ Court(Amended) Rules, 1999 Section 26-(1): |
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| “Where, in the course of the proceedings in an action, the Judge is of the opinion that mediation may be of assistance to the parties, the Judge may— |
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| (a) advise the parties to attend upon an approved mediator; and |
| (b) adjourn the proceedings to enable that attendance.” |
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| Before an RM can refer a criminal matter to mediation the RM must get consent of all parties including the Director of Public Prosecutions (DPP) who is normally represented by the clerk. |
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| Once the RM decides this is a matter appropriate for mediation and all the parties have consented, the matter is adjourned to a later date and the parties are directed to the DRF of one of its branches (agencies) across the island to schedule a date for mediation. |
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| If the parties come to an agreement at mediation, the agreement is taken back to the court and the magistrate turns the agreement into a court order that the parties must abide by. Also, if an agreement is reached, the magistrate is authorized to dismiss the charges against the accused. |
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| If there is no agreement, the matter goes back to the court to be dealt with by the magistrate. |
