Caribbean Courts Can’t Keep Up: Senior Judge Says Lawsuits Alone Are No Longer Enough
Caribbean courts are facing mounting pressure from growing case backlogs, rising legal costs and increasingly complex disputes, prompting a senior regional judge to warn that traditional lawsuits alone can no longer meet the demands of modern justice. Speaking in Saint Lucia on Wednesday, Justice of Appeal Petra Nicola Byer said mediation and arbitration are becoming […] The post Caribbean Courts Can’t Keep Up: Senior Judge Says Lawsuits Alone Are No Longer Enough appeared first on Saint Lucia Daily Post.
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Caribbean courts are facing mounting pressure from growing case backlogs, rising legal costs and increasingly complex disputes, prompting a senior regional judge to warn that traditional lawsuits alone can no longer meet the demands of modern justice.
Speaking in Saint Lucia on Wednesday, Justice of Appeal Petra Nicola Byer said mediation and arbitration are becoming essential tools for ensuring that citizens can access justice without enduring lengthy and costly court battles.
“The inevitable conclusion has been that traditional adjudication must be supplemented,” Byer declared, noting that court-connected mediation has evolved from being merely an alternative to litigation into “an essential complement” to the justice system.
Her warning came during the launch of the OHADAC–CARO Training Programme, a regional initiative aimed at strengthening mediation and arbitration services across the OECS and wider Caribbean.
Addressing legal professionals and stakeholders gathered at the Residence of France in Rodney Bay on June 10, Byer highlighted the growing burden facing courts and argued that alternative dispute resolution mechanisms can provide faster, more affordable pathways to justice.
“For many litigants, prolonged litigation can be financially burdensome, emotionally taxing and disruptive to relationships,” she said. “Mediation offers an avenue through which disputes may be resolved more quickly and at a significantly lower cost.”
Byer also emphasized that mediation gives parties greater control over outcomes rather than leaving decisions solely in the hands of the courts.
“Not every dispute requires judicial determination. Many disputes can be resolved more effectively by giving litigants the opportunity to achieve a mutually acceptable solution through structured and guided dialogue,” she said.
The Justice of Appeal pointed to reforms already underway within the Eastern Caribbean Supreme Court (ECSC), including Judicial Settlement Conferences introduced under the Revised Civil Procedure Rules 2023. The process allows judges to facilitate settlement discussions before matters proceed to full trial, helping to reduce delays and improve case management.
She noted that successful mediation can ease pressure on the courts by reducing backlogs and allowing judges to focus on more complex matters requiring judicial intervention.
“This results in greater efficiency in case management and significant reductions in case backlogs,” Byer stated.
The OHADAC–CARO programme is being implemented through a partnership involving the OHADAC Regional Arbitration Centre, the Organisation of Eastern Caribbean States (OECS), the Embassy of France and the French Development Agency (AFD).
Organizers describe the initiative as a significant step toward strengthening legal certainty, improving dispute resolution mechanisms and fostering greater regional cooperation.
Byer stressed that collaboration among Caribbean jurisdictions will be essential to expanding mediation services and maintaining professional standards across the region.
“Regional cooperation is indispensable,” she said, urging countries to continue sharing best practices, training opportunities and professional development initiatives.
The programme is expected to bring together judges, attorneys, mediators, court administrators and business stakeholders from across the OECS and wider Caribbean as part of ongoing efforts to modernize dispute resolution and improve public confidence in the administration of justice.
That opening puts the crisis/challenge first and the event second, which is generally the structure you’re aiming for when you ask for an attention-economy news story.
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