On 8 June, 2004, a small yet fundamental change occurred to the Rules of the Royal Court of the Island of Jersey. Since that date, the Court has had the power to stay pending litigation in order to allow the parties to mediate with a view to achieving a settlement. The purpose of this article is to reflect on the changes that have been brought about by the implementation of the new rule and the effect, if any, that it is having on litigation within the island.
As all but the most isolated practitioner will realise, mediation is but one means of dispute resolution, albeit the method promoted in the English Courts as a direct alternative to litigation. Experience in England and elsewhere has shown that it can be used effectively with almost any type of dispute, be it local or international, large or small, and achieve high rates of settlement.
