| …only 72 matters went to the Mediation Centre The Supreme Court’s Annual Report for 2007 states that at the end of that year there were 21,366 civil matters and 512 criminal matters pending for 2008.Of the civil matters, only 72 went to the Mediation Centre for 2007.According to the report, if two judges were to hear and conclude one civil matter every day for the 249 working days of the year this would mean that a total of 498 matters would be completed.However, it added, this is not possible, since civil matters in the High Court sometimes involve complex issues which require hearing of evidence over a number of days.“Assuming for the sake of argument that two judges could complete these matters, including delivery of decisions, it would mean that, deducting this number from the 5,600 cases filed, the average backlog would be 5,102,” the report said.It also pointed out that, given the assignment of work, the present number of judges is inadequate to deal with the number of cases filed. “Every effort must therefore be made to increase the present complement of judges, and to utilise the provisions of Article 128A of the Constitution to appoint part-time judges.”The document further noted that retired judges can be employed as part-time judges to help with the backlog of civil and criminal cases.According to the report, during 2007 a total of 5,600 civil matters were filed in the Supreme Court Registry, Georgetown; 1,083 in the Sub-Registry, New Amsterdam; and 117 in the Sub-Registry, Essequibo, making a total of 6,800 matters filed.To this, it said, must be added the backlog of 1,317 civil matters in Berbice, 82 in Suddie and 17,814 matters in Georgetown, making a total of 19,213 backlog matters to be added to the 6,800 filed in 2007, making a grand total of 26,013 matters to be heard in 2007.The Judges heard and determined 3,822 matters in Georgetown, 761 matters in Berbice and 58 in Essequibo, making a total of 4,647 matters completed and leaving a total of 21,366 matters pending for 2008. The Report said that the number of matters disposed of goes as far back as 1998 in Berbice and 1995 in Georgetown.“At this time, in addition to the older cases that were filed in the 90s, cases filed in the years 2001 and 2000 are being assigned for hearing in Berbice and Georgetown respectively.”The number of civil cases awaiting trial in the court continues to escalate.The staff of the Supreme Court Registry continues its audit of all matters filed in the Registry by bundling them into categories of matters that are abandoned, deserted, ripe for hearing, and pending in the Registry for pleadings, to be closed, or for decision to be delivered by the judges, the report added.“Matters that are ripe for hearing are sent up to the Chief Justice for assignment to judges for hearing. The deserted and abandoned matters are assigned by the Chief Justice to judges who have a call-over of these cases, so that attorneys-at-law and their parties can be heard.This results in matters being restored for hearing by the Court or struck off the list as being abandoned or deserted, as the case may be.”The report added that the Supreme Court is also using Alternative Dispute Resolution methods to deal with cases listed for trial.The Mediation method, it noted, is being used on a voluntary basis, but there are plans to make Mediation a compulsory step in civil procedure rules, and also to expand the pool of trained mediators available to do mediation. According to the report, at the end of December 2007, there were 72 matters that went to the Mediation Centre. Of this number, 67 were referred by judges of the High Court and five through requests by clients/attorneys.To this number must be added the pending 140 from 2006, making a total of 212 pending for hearing in 2007.Of this number 63 were successfully mediated, leaving 149 pending as at December 31, 2007.“…It is hoped that this will change when mediation is made a compulsory step in the new Civil Procedure Rules.” |
