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Contact Magazine April 2018

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the chamber and its members<br />

The location<br />

The importance of the mediation venue is often overlooked,<br />

but, simply stated, good mediation venues send a subliminal<br />

message supporting the parties’ quest for compromise. The<br />

location should provide each party with its own meeting room,<br />

with another room large enough for joint meetings with the<br />

mediator and both parties present.<br />

The venue will be a place which both parties consider<br />

as neutral. The Trinidad and Tobago Dispute Resolution<br />

Centre (DRC) was an ideal mediation host venue, as it is<br />

“dedicated to promoting an environment in which people<br />

are encouraged to work together to find alternative means<br />

of resolving conflict”.<br />

Under the guidance of executive director Elizabeth<br />

Solomon the DRC staff worked hard to ensure that the<br />

physical surroundings supported mediation objectives; they<br />

were available, offering support such as printing services,<br />

before eight in the morning and after six in the evening.<br />

Another example of support was the choice of excellent<br />

food to energise the participants, strategically located to<br />

encourage parties to mingle and talk outside the formal<br />

meetings.<br />

The mediator<br />

The mediator as a neutral third party assists the parties<br />

to compromise their dispute, using communication and<br />

negotiation skills. The mediator is the guardian of the process,<br />

facilitating the exchange of information, helping the parties<br />

to reality-check their positions, and leaving no value on the<br />

table.<br />

As a mediator, I always commit to following the European<br />

Code of Conduct for Mediators, which sets out a number of<br />

principles which individual mediators can voluntarily decide<br />

to adopt.<br />

Acknowledgements<br />

The aforementioned Port of Spain mediation was a success,<br />

mainly because there was balance and harmony between<br />

people and process. As mediation is confidential, all I can do<br />

here is to thank the parties’ lawyers, with their permission: Mrs<br />

Savitri Sookraj-Beharry from the law firm Pollonais, Blanc, de<br />

la Bastide & Jacelon; Mr Ravi Nanga, Advocate Attorney at<br />

Law; Ms Kimberleigh Peterson from the law firm J.D. Sellier &<br />

Co.; Mr Ravi Heffes-Doon, Advocate Attorney at Law; the ICC<br />

ADR Centre staff – Alina Leoveanu, Andrija Erac, Ana Sylvia<br />

Prado and Malgorzata Matowska; and the Trinidad and Tobago<br />

Dispute Resolution Centre’s Executive Director Elizabeth<br />

Solomon and her welcoming, hard-working staff.<br />

Niall Lawless is a Chartered Arbitrator and Engineer,<br />

Adjudicator and Mediator at Adjudication Solutions.<br />

The Dispute Resolution Centre has two meeting areas to suit<br />

the size of your delegation<br />

Dispute Resolution Centre, Ground Floor, Chamber Building,<br />

Columbus Circle, Westmoorings, PO Box 499, Port of Spain.<br />

Tel: 632-4051, fax: 632-4046.<br />

www.disputeresolutioncentre.com<br />

46<br />

Trinidad<br />

and Tobago Chamber<br />

of Industry and Commerce<br />

www.chamber.org.tt/contact-magazine

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