Dispute resolution — indispensable tool in the crime fight
Outside of normal ministerial duties, one of the most important activities that i became involved in was to serve as a court-appointed mediator in the Florida court system. i served largely as a volunteer in the dispute resolution unit of the court in Orange and Osceola counties.
As a priest and a couples and family therapist I found the experience captivating.
It put me in touch with a population with which
I had never before been engaged. I came to appreciate the importance of mediation in settling disputes. Not only did it save the court precious time and resources if the cases were settled by mediation, but it demonstrated to me how human emotions can be warped by what some would consider insignificant events in people’s lives, and how the interplay of bruised egos prevented people from coming to amicable solutions to presenting problems.
There were times when parties to a dispute would want to terminate the session. Some would storm out of a meeting as if to show strength and to protect their dignity in the process. As a mediator one cannot take sides; one has to be unbiased and steer the “combatants” toward a path where a settlement of the dispute could occur. This was not always a path of comity, but a recognition of the practical necessity of not continuing the dispute and the tension and ill will that it had generated. The parties had to be convinced that the mediator was not taking sides or showing sympathy to one party at the expense of the other. As well, confidentiality was of the essence.
This experience came forcefully to me as I reflected on the ongoing criminal carnage in our beloved country. For a long time now, and particularly in recent times, we have been seeing a spike in violence, and even murders linked to domestic disputes. Of particular concern are disputes regarding family land or what we know in Jamaican parlance as “dead lef”. Aggrieved family members seem no longer disposed to using the arduous and often-torturous route of the courts in settling disputes. In the matter of land, disputes can drag on for years. As now seems to be the emerging tragic practice, it is easier to satisfy one’s rage or perceived need for revenge to hire a contract killer to end the dispute. To the extent that the society believes that this is a welcome methodology for settling disputes, the country will be on a faster track towards social suicide. Mark my words.
It is in this vein that I see mediation as an indispensable tool in settling disputes. This is not an original observation by any long shot. The Dispute Resolution Foundation (DRF), a civil society organisation which works closely with the Government through the Ministry of Justice, has been doing important work in this regard in given communities. The question is whether the DRF, as they state on their website (http://www.disputeres
olutionfoundation.com/), has been living up to its mandate to educate and encourage the public about using alternative dispute resolution techniques to promote peace and resolve conflicts without resorting to violence. How involved are they especially in troubled communities and in educating people about the work they do? What level of support is given to this body by the Government in assisting its officers to carry out this work?
From time to time, there are pronouncements from the DRF, and sometimes the minister of justice, about aspirational goals, but if the truth be told there is little to suggest that there is any critical engagement with the communities for their presence to be felt. For example, what has been the level of roll-out of the peace and justice centres (service centres) in communities throughout Jamaica? To what extent are dispute resolution coordinators being trained and deployed in the communities. There are retired teachers, ministers of religion, and other professionals in every community who could be trained as mediators. They would be ready resources to whom people in conflict would go readily as they are known in the communities. I am sure they would be willing to serve. They can serve voluntarily or can be given a small stipend for their work.
Trust and confidentiality are essential elements in mediation, but these are built up over time. What we need are individuals to whom people can go and feel that their disputes can be settled. These retired professionals and others are generally respected in the communities in which they live. The DRF must ramp up activities in these communities as the number of family disputes resulting in violent criminality becomes more frightening. Government must give the necessary budgetary support to this endeavour.
Should Police commish Anderson be given A Second term?
An allied matter in the fight against crime is the question as to whether Commissioner of Police Major Generral Antony Anderson should be given a second term, which is now up for renewal.
I have been very critical in my assessment that there is a lack of decisive leadership in the fight against crime. The main concern of my assessment is that there is a lack of decisive leadership in the general approach to fighting crime in Jamaica. The question is whether there is the will on the part of Government and the leadership of the security forces to look beyond the tried and largely failed methodologies of the past to more creative methods to fight this monster.
A more comprehensive and broad-based deployment of the mediation service mentioned above could help here. One is fully cognisant that crime-fighting in Jamaica is not a walk in the park, but there must be a willingness to think more creatively. Among the considerations must be helping Jamaicans to feel that they are critical stakeholders in this fight.
In saying all this, I think it is prudent for the Government to retain the services of Major General Antony Anderson as police commissioner. Changing the guard at this critical period is not desirable.
Anderson seems willing to continue with the work, especially in the area of building out a more robust architecture of intelligence-gathering. Let us see what he will do in the second term. I wish him well.