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Use alternative dispute-solving avenues, reduce burden on BVI courts

Dancia Penn-Sallah

Former Attorney General Dancia Penn-Sallah has called on members of the public to make more use of alternative dispute-resolution avenues to reduce the burden on local courts.

She said mediation and arbitration are options that are available locally.

Effectively, arbitration is the method where aggrieved parties present their matter to an arbiter who will then determine the best course of action based on the arguments of either side. Mediation also involves using a neutral third party known as a mediator who assists conflicting parties to make a compromise outside of court.

In support of her suggestion, Penn-Sallah referred to the sometimes-protracted periods that members of the public have to wait for their matters to be disposed of by courts in the BVI.

“Delay in the court system remains a vexing issue and one that has to be addressed drastically,” she said.

“I know that there are challenges and I do not seek to pretend that they are not there. But one of the things I would like to suggest and to urge is that we all make greater use of alternative dispute resolution processes,” Penn-Sallah said.

She said major progress already has been made locally to provide alternative options to the court process.

The former attorney general referred to the BVI International Arbitration Centre, as one avenue which was created to be an impartial and neutral dispute resolution institution.

“Our government has made what I personally believe is a great investment … I do think that we should use it,” she said.

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14 Comments

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  1. bvi says:

    We need people like her to lead this country and not some of those that i am seeing running atlarge

    Like 9
    Dislike 8
    • Disinterested says:

      Dancia is talented, capable and experienced but somewhat ineffective as a politician. She has checked all the high level position boxes, ie, Attorney General, Deputy Governor, Deputy Premier. But her retail politics commitment is lacking and needs some serious. School chiren say she is politically la….y. During her time in office, credited her with walk-a-tons, and the phrase “let’s talk.

      As such, if she wants to make a difference in BVI politics, she needs to wuk on her retail politics and fast, for the window of opportunity is closing rapidly. She has to turn to and turn it around by being the hardest worker in the business; she has to wear out some Nike, Adidas, Converse……etc making her case around the length and breath of the territory. Talent is a terrible thing to waste.

      Like 17
      Dislike 6
      • Reply says:

        Comments such as yours is why good people abstain from running for office. You expect too much. Furthermore, the BVI public is a hard one to satisfy.

        Once friends become enemies, and people talk behind your back like a dog, and smile in your face on other occasions. Their complaining is incessant no matter what you do.

        Mrs. Penn-Salalah deserves better in my view than getting bogged down again, and disappointed all over again with BVI poltics.

        She gave it a shot, and in my view, she has served her country well. At this stage of her life I would think running for office again is not high on her list of things to do.

        If I was in her shoe, I would not even consider getting back into politics. I personally think she can do best by staying away not for the reasons you cite, but just to live her life in happiness and peace, and maintain that beautiful smile she carries.

        She has nothing to prove.

        Like 2
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        • Disinterested says:

          @Reply, you are entitled to your opinion as I’m to mine. Why do people believe that only their opinion(s) matters. Opinions are many and varied. And mine is if the former Deputy Premier wants to jump back in the political ring, she needs to work on her retail politics. My opinion is based on the word on the street. Truth hurts and truth matters. Out????????????

          • Reply says:

            You are entitled to your opinion as we all are. You assume incorrectly that I believe only my opinion matters. Wrong. I believe no such thing. People diagree with my posts all the time, and often state so. Thats ok, and I never take offense. If I feel like following up with a contrary argument, I do, but most often I dont.

            I just happen to see things diffent on this issue. No matter what we post on here we should not expect everyone to see it the way we do. That would be silly. As you correctly stated, we all have our opinions, and this forum allows us to express them.

            Just that you know, I read your posts often, and rarely do I diagree with your thinking. Dont take it personal.

            Hand shake.

      • james says:

        SHE IS TALKING ABOUT JUSTICE SYSTEM[HOW SLOW IT WORKS ETC] ALTHROUGH COMMON WEALTH COUNTRIES THE JUSTICE SYSTEM HAS FAILED DUE TO DELAY IN SOLVING PROBLEMS.ARBITERS/ MEDIATORS ETC WILL DO QUICKER JOB OF DISPENSING JUSTICE. ONLY THING WE GOT TO BE CAREFUL IS TO MAKE SURE THEY DON’T BECOME PARALLEL TO PRESENT SYSTEM PRESENTLY COURTS ARE FOR LAWYERS ONLY AND ONLY POOR MAN IS BROUGHT TO JUSTICE RICH GET AWAY

      • fan of dancia says:

        It is people like yourself who crucified christ and spat on him

    • Think smart says:

      She should run with team NDP. Brilliant minds. Persons who can represent both internally and externally.

  2. Retired says:

    ADR is a great method to resolve disputes IF all the adversarial parties will submit to its decisions. It takes only one party not to abide by the final decisions/ruling/judgment and it becomes a huge waste of time & money.

    Like 3
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  3. Political Observer (PO) says:

    Ms. Penn-Sallah, former AG, DG, and Deputy Premier, is on point; she is thinking outside the proverbial box. The question is why as the AG didn’t make ADR happened. Ok. Just had to ask. Nevertheless, ADR is a private, less expensive and a more efficient means of resolving civil matters than through the court system.

    Arbitration and meditation can lessen the workload/burden on the court system, expediting the resolution of legal issues. As the saying goes, justice delayed is justice denied. Nonetheless, though Ms. Penn-Sallah may not have elaborated on it, there is a difference between arbitration and mediation. Mediation is non-binding; whereas, arbitration is. ADR must be on the territory’s long bucket list.

    Like 8
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  4. Anonymous says:

    Arbitration is an excellent method for dispute resolution. However if the courts are going to allow decisions to be disputed and overturned then the process is useless. Once an Arbitrator or Arbitration makes a decision then it’s final and the courts should only be used if it’s necessary to enforce the decision. I suspect this will not happen as it Arbitration allows anyone to handle a matter. The local stoniest will not like being cut out of their $1,000 an hour fees.

    Like 3
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  5. strupes says:

    The NDP built an expensive arbitration center in the Ritter House and to date we haven’t collected a dime from it.

    Like 5
    Dislike 3
  6. My contribution says:

    Dancia is saying nothing new. It’s a matter for the persons involved to use alternative dispute resolution methods. Nothing ground breaking here. On another note, not because somebody can talk means that they will be effective as a politician. Everybody isn’t cut out for politics. They can make contributions in other ways. Danica tried politics and she performed poorly and you the public took her out.

  7. No nonsense says:

    She need to rest her case!! Another person in authority who selling out her country to the AFRICANS!!

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