Seventy-eight cases previously before the court are now being settled by the new Alternative Dispute Resolution (ADR) mechanism.

The mediation project started in October and according to Colin Chichester, the mediation co-ordinator and court manager, the response has been overwhelming.

Disputes such as disagreements over debt payments as well as landlords trying to recover rent from former tenants are among the cases that sought medication. Divorce and custody matters are not eligible.

Of the 78 cases, 76 were referred by a judge and two by the attorneys involved. Twenty-three sessions were scheduled for mediation but one was settled before the session was held.

In the remaining 22 cases, one was partially settled; one successfully mediated; four were unsuccessful and the remainder were adjourned (until a date is set for another round of discussion).

At the moment, scheduling is the main problem, says Chichester, adding it is often difficult for all three parties to agree to a time to get together.

He says the ADR method of mediation was selected because of the historical background of Guyana where religious leaders such as pastors and village elders have always been instrumental in settling disputes.

Other methods of ADR are arbitration, negotiation and conciliation but "for now we are focusing on mediation."

Mediation is defined as a voluntary process for resolving disputes in which an acceptable, impartial and neutral third party, with no decision-making power, facilitates a face-to-face meeting, aimed at reaching a mutually beneficial agreement.

One key role of the mediator is to assist each side in the dispute to understand the other's perspective. And an important task is to help identify shared interests, in addition to those points upon which the parties disagree. But in the end the parties make the final decision.

A judge, the lawyers or the clients themselves can recommend mediation. If a judge suggests mediation then a notice is sent to the court manager who sends a notice of referral to the lawyers to inform their clients.

The lawyers are then given seven days to consult with their clients and either say, yes or no to mediation. If the clients agree, then a date is set which is convenient to all the parties.

On that date, a three-hour session is assigned and if there is no resolution, then the matter is adjourned and another date is assigned. But a second session is only recommended if the parties can come to an agreement. During the sessions, "the lawyers take a back seat, basically," says Chichester.

If the parties agree to settle the case, the agreement will be made into a court order that is legally enforceable. If the case is not settled, then the matter can continue through the court system.

Chichester notes that as more people choose mediation to settle their disputes, this will help to reduce the backlog in the court system. A recent report put the backlog at 11,000 cases.