A European expert in the design and delivery of dispute resolution and prevention systems for Governments, has been meeting with the Attorney General and legal fraternity to discuss the implementation of such a system in Bermuda.

The founder and director of Conflict Management International, William Marsh, was invited to Bermuda to discuss the possibility of introducing a civil justice reform through Alternative Dispute Resolution (ADR).

Conflict Management International is a leading international dispute resolution and conflict management consultancy and Mr. Marsh has offered his services to numerous European Governments.

While in Bermuda, Mr. Marsh said he met with the legal fraternity to discuss what legal reform packages would be needed to improve the efficiency of Bermuda's court systems with the implementation of alternative dispute resolution.

Mediation is a process of dispute resolution in which one or more impartial third parties intervenes in a conflict with the consent of the disputants and assists them in negotiating a consensual and informed agreement.

In mediation, the decision-making authority rests with the parties themselves as opposed to the court.

Recognising variations in styles and cultural differences, the role of the mediator involves assisting the disputants in defining and clarifying issues, reducing obstacles to communication, exploring possible solutions, and reaching a mutually satisfactory agreement.

Mediation presents the opportunity to peacefully express conflict and to "hear each other out" even when an agreement is not reached.

Mr. Marsh said in the majority of cases, the mediation process ended in settlement.

He said he was surprised that Bermuda had not considered alternative dispute resolution before.

He said there was a demand for mediation, not just commercially, but also for matrimonial and neighbourhood relations and in a small community like Bermuda, an alternative to court was needed to take the "sting" out of the whole court process.

He said while mediation as such existed in some companies in Bermuda, it was not officially part of the legal system ? something that would make it more legitimate once implemented.

He said London had "gone out of its way" to promote itself as having effective commercial mediation and that this was something Bermuda could also use to lure international businesses to the Island.

With regard to local lawyers applying themselves to this field, Mr. Marsh said it was a wonderful opportunity for them to offer this kind of service to their clients, adding that in most cases it was the preferred method of dealing with many issues.

Mr. Marsh said he hoped to return to Bermuda once a decision had been made concerning implementation as he would offer Government advice on structuring training programmes.