Mediation in Virgin Islands (US)

Quick Facts

• Legal Framework: District Court of the Virgin Islands encourages and promotes use of alternative dispute resolution programs. ADR devices include mediation, arbitration, early neutral evaluation, limited discovery pro...
• Cultural Approach: Court encourages and promotes ADR to aid parties in controlling their own destinies and achieving certainty of result. ADR mechanisms often result in cost and time-saving for parties, providing sense ...
• Typical Costs: Court provides ADR at no cost to litigants. PERB determines and apportions costs of arbitration equally to parties. Private ADR providers available with fee structures. Professional mediator fees gene...

Mediation Research

Legal Framework

District Court of the Virgin Islands encourages and promotes use of alternative dispute resolution programs. ADR devices include mediation, arbitration, early neutral evaluation, limited discovery programme, and mini trials. Court recognises that formal litigation process may not be suitable for all civil controversies. US Virgin Islands Code Title 24, § 365 establishes list of qualified mediators and arbitrators after consultation with representatives of employee organizations and public employers. PERB determines and apportions costs of arbitration equally to parties. Office of Collective Bargaining serves as exclusive representative for executive branch in collective bargaining proceedings.

Court System

District Court of the Virgin Islands provides ADR at no cost to litigants. Court will schedule mediation or other process with Magistrate Judges and Senior District Court Judges at request of parties, or may order settlement conferences in appropriate cases. Local Rule of Civil Procedure 3.2 governs mediation. Judiciary supports ADR as efficient alternative to litigation. Further research needed on specific court-annexed mediation programs beyond federal court.

Mediator Regulations

US Virgin Islands Code Title 24, § 365 establishes list of qualified mediators and arbitrators after consultation with representatives of employee organizations and public employers. PERB determines and apportions costs of arbitration equally to parties. Chief Negotiator for Office of Collective Bargaining represents government in labor mediation and arbitration. Professional standards established through legal framework and federal standards.

Cultural Approach

Court encourages and promotes ADR to aid parties in controlling their own destinies and achieving certainty of result. ADR mechanisms often result in cost and time-saving for parties, providing sense of satisfaction in being able to be flexible and shape ultimate relief. Considerations of confidentiality and privacy may be advanced in ADR setting. Productive relationship with public sector employees critical to government success.

Typical Costs

Court provides ADR at no cost to litigants. PERB determines and apportions costs of arbitration equally to parties. Private ADR providers available with fee structures. Professional mediator fees generally range from USD 250-600 per hour for commercial mediation. Office of Collective Bargaining coordinates government's position in labor mediation.

Sources

• District Court of the Virgin Islands - ADR (government)
• US Virgin Islands Code Title 24, § 365 (legislation)
• Office of Collective Bargaining Chief Negotiator Announcement (government)
• Justia - Arbitration Mediation Lawyers US Virgin Islands (directory)
• New York Convention - United States (organization)
• Singapore Convention on Mediation - Jurisdictions (organization)

States and Regions