USAID Alternative Dispute Resolution Activities
In Latin America and the Caribbean
Guyana:
In 2003, USAID undertook an experiment in ADR to address the
backlog of cases, the result of inefficient judicial practices,
through its Democracy and Governance program. USAID’s
implementing partner, The Carter Center, began training and
technical assistance for a pilot project in court-connected
mediation. The Carter Center trained 24 lawyers in mediation
and created a Mediation Center. Initially, seven types of
civil cases were identified to be eligible for the pilot project.
Criminal and family cases were excluded. In addition, a new
course on ADR was introduced in the curriculum of the University
of Guyana Law Department. Two Guyanese non-governmental organizations
NGO’s -- the Guyana Bar Association and Guyana Association
of Women Lawyers -- proved to be strong advocates for ADR,
and provided leadership and support for USAID’s ADR
initiative in Guyana.
The concept of mediation is not only endorsed by the justice
sector in Guyana but is also enthusiastically practiced. Between
November, 2003 and March, 2004, 98 cases were referred to
the program. Some very difficult cases were brought to mediation,
including a case involving a bitter split between factions
of a church (the first settled case under the pilot project)
and a case involving a land dispute among family members.
More judges referred cases to the program as the mediation
project became more integrated into the justice system and
more justice sector personnel became familiar with the concept
of mediation. The Chief Justice and Chancellor placed their
considerable influence firmly behind the development of ADR
in Guyana and attorneys continue to volunteer cases for mediation.
The court’s registrar endorsed mediation in the 2003
Annual Report, and the Attorney-General continues to support
the project.
Given the success of court assisted mediation in Guyana,
USAID plans to continue support for this project with wider
publicity and by expanding the cadre of lawyers trained in
mediation. This support will begin in July 2004 under its
new five-year program. USAID also plans to explore the use
of other ADR methods for criminal cases.
Colombia:
To increase access to justice in Colombia, USAID continues
to work with the Ministry of Justice to expand coverage through
Justice and Peace Houses, community-based centers for ADR
and other legal services. To date, 23 Justice and Peace Houses
have been established and have resolved 1.4 million cases.
USAID provides financial and technical assistance to equip
these facilities, train staff, and conduct community outreach
and education.
Chile: In 1995, USAID
contracted the Corporación de Promoción Universitaria
to coordinate training of ADR professionals in Chile. It is
responsible for the ongoing development of ADR options and
programs in Chile. Chile opened two mediation centers in 1996
which continue to settle a high percentage of cases brought
as a result of the organization’s collaboration with
USAID.
Bolivia: One of the
most serious challenges facing the Government of Bolivia is
a lack of public access to the formal justice system. This
poses serious threats to the legitimacy of the Bolivian government.
USAID supports the use of ADR, especially commercial arbitration
and conciliation, as a way to increase public access to justice
and reduce the backlog of cases in the Bolivian court system.
This alleviates the burden placed on courts and allows them
to focus on anti-narcotics and broader judicial reform objectives.
Through the Inter-American Bar Foundation and the Bolivian
Chamber of Commerce, USAID has established Conciliation and
Arbitration Centers within the Chambers of Commerce in Bolivia’s
three major cities. Since 1994, the centers have recruited
and trained conciliators and arbitrators from the business
community, provided education and outreach to potential participants
of their services, and helped draft a new Arbitration and
Conciliation Law to make agreements and arbitration decisions
enforceable by courts.
Most recently, USAID/Bolivia through its subcontractor MSD
developed a program of Integrated Justice Centers. The Centers
provide both formal and alternative forms of justice and conflict
resolution to the most vulnerable citizens of society. The
centers inform citizens of their legal rights, provide conciliatory
services, and work closely with the formal justice system
to address the needs of the centers' clients. These pilot
Justice Centers, located in Yungas, Chapare, and within various
districts of El Alto, are intended to open the way for more
centers throughout Bolivia where citizens lack access to the
legal system.
Ecuador: In 1996,
USAID provided support and technical assistance for modification
of the Cassation law and for the introduction of ADR laws
in 1997. Since 1996, USAID has supported the expansion of
ADR as a formal option within the judicial process, enfranchising
indigenous persons, women and the poor. As a result, 660 indigenous
families utilized ADR and related legal services in 1999.
Paraguay: USAID provided
technical assistance to develop ADR mechanisms in Paraguay.
Pilot ADR programs were implemented in the municipalities
of Asunción and Tobatí. By September 2000, four
centers were operational and processed 100 cases within four
months. The ADR mechanism is currently expanding throughout
Paraguay.
Peru: From 1997 to 2002,
USAID supported the design and application of alternative
dispute mechanisms in Peru with a focus on conciliation. Under
this program, USAID-financed legal and conciliation centers
of the Ministry of Justice, which provided free legal conciliation
services to the poor in nearly 700,000 cases. A significant
percentage of these involved domestic violence and child support
cases brought by women. This combined with support to private
groups that promoted conciliation resulted in conflict resolution
training to 1,500 conciliators and the establishment of approximately
570 conciliation centers across the country. By 2004, there
were more than 17,000 accredited private conciliators and
615 public and private conciliation centers in Peru.
Next Section - Alternative Dispute
Resolution Contacts in Latin America and the Caribbean
Notes
1 Guanajuato, Oaxaca, Puebla, Quintana
Roo y Colima
2. Aguascalientes, Baja California Sur,
Distrito Federal, Guanajuato, Jalisco, Oaxaca, Puebla, Querétaro,
Quintana Roo, Sonora y Tabasco
3. CIA
World Factbook: Guatemala
4. Guatemala: Rule of Law Achievements-draft
12/10/01, Geiger, T. "Guatemala Country Summary for ROL
Programs" (2004).
5. Guatemala: Rule of Law Achievements-draft
12/10/01
6. Guatemala: Rule of Law Achievements-draft
12/10/01
7. Corregidores are similar
to justices of the peace who administer justice at the local
level. A Corregiduría represents the respective
corregidor's jurisdiction.
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