Mediation in Trinidad and Tobago

Quick Facts

• Legal Framework: The legislative framework for arbitration comprises an Arbitration Act based on English arbitration legislation, and an Arbitration (Foreign Arbitral Awards) Act which gives effect to the New York Con...
• Cultural Approach: Mediation and arbitration services and ADR training provided by Chamber of Commerce. The approach values alternative dispute resolution mechanisms. Legislative framework based on English arbitration l...
• Typical Costs: ADR designed to provide efficient dispute resolution. Costs determined by Act provisions and institutional rules. Chamber of Commerce provides training and services with fee structures. Costs typicall...

Mediation Research

Legal Framework

The legislative framework for arbitration comprises an Arbitration Act based on English arbitration legislation, and an Arbitration (Foreign Arbitral Awards) Act which gives effect to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Act No 8 of 2004 provides for mediation in Trinidad and Tobago and establishes a Mediation Board. The Act provides for establishment of a body corporate known as the Mediation Board of Trinidad and Tobago. The Board's responsibilities include formulating and maintaining a register of certified mediators indicating areas of specialization, and a register of approved mediation agencies. Trinidad and Tobago being a former British colony follows English legal traditions.

Court System

The Arbitration (Foreign Arbitral Awards) Act gives effect to New York Convention for recognition and enforcement of foreign arbitral awards. Under common law, foreign arbitral awards from States not signatories to NY Convention can be enforced by action provided they are in accordance with valid arbitration agreement and are valid and final. The Mediation Act provides framework for court-referred mediation. Further research needed on specific court-annexed mediation programs.

Mediator Regulations

Act No 8 of 2004 provides for mediation and establishes Mediation Board. The Board maintains register of certified mediators with areas of specialization and register of approved mediation agencies. Professional standards established through legal framework. Chamber of Commerce provides mediation and arbitration services and ADR training. Community Mediation Regulations 2007 guide practice of Community Mediation. Further research needed on specific mediator certification processes.

Cultural Approach

Mediation and arbitration services and ADR training provided by Chamber of Commerce. The approach values alternative dispute resolution mechanisms. Legislative framework based on English arbitration legislation adapted to local context. Community mediation encouraged for local disputes. The cultural context values efficient resolution through alternative methods.

Typical Costs

ADR designed to provide efficient dispute resolution. Costs determined by Act provisions and institutional rules. Chamber of Commerce provides training and services with fee structures. Costs typically shared between parties unless otherwise agreed. Professional mediator fees generally range from TTD 300-800 per hour for commercial mediation. Mediation Board may provide subsidized services for community mediation.

States and Regions