businesses would be spared the trauma of litigation if Bermuda's justice system made greater use of mediation and arbitration, a lawyer who is spearheading such a movement said yesterday.

"There are many countries around the world which have now incorporated into their legal systems the use of pre-trial mediation,'' Mrs. Keren Lomas told Hamilton Lions at the Princess Hotel.

"Although Bermuda is sometimes a little slow to introduce new and progressive ideas, in being somewhat tardy the Island nevertheless has the advantage of being able to research the various types of programmes introduced in other places and introducing into its own system only the best that there is.

"For my part...I view pre-trial mediation as a positive part of progress for an island community.'' Mrs. Lomas, a prominent player in the newly formed Bermuda Mediation and Arbitration Association, said the use of a third neutral party in dealing with all types of legal disputes makes eminent sense in the Bermuda context.

Arbitration involves the submission of a dispute to an impartial third person or panel of persons in order to obtain a decision which is usually binding on the parties.

Mediation, meanwhile, refers to the process by which a third party guides the disputing sides to a voluntary and democratic settlement.

Both are intended as alternatives to litigation.

"People in conflict tend not to focus on the issues which create their differences; they focus instead on personalities and spread their unhappiness through the proverbial grapevine,'' Mrs. Lomas said.

"Such disharmony and conflict has become a way of life in this community and the display of conflict and violence in the schools is reflecting the unresolved ills of our society.

"I am proud, therefore, to be part of a movement which at once promotes harmony among our citizens, which has a chance of promoting a greater understanding of the justice system and which enhances or has the chance to enhance the legal profession's service to both clients and our Island community as a whole.'' A particular advantage of "alternative dispute resolution'', as mediation and arbitration are collectively known, is the potential savings it holds for such Government-supported legal services as legal aid.

"I feel the initiative for change in our system could be taken right now by the Legal Aid Committee,'' Mrs. Lomas told her listeners.

"When the committee considers applications by persons of insubstantial means for Government assistance in the payment of legal fees to fight an issue of custody or access...would it not be appropriate for the Legal Aid Committee to take the initiative here and require the disputants to first attempt to resolve their conflicts in mediation?'' Although there is growing support for the association from a variety of fields in Bermuda, Mrs. Lomas said that some of her own colleagues in the legal profession have been slow to embrace the concept of mediation over litigation.

"The legal profession as a whole has not as yet become active in the promotion of ADR among its members but I have no doubt that the Bermuda Bar Association will support any programme which has the support of the public.'' Mrs. Keren Lomas