Judicial Mediation In The Cayman Islands: Some New Judicial Guidelines

Alternative Dispute Resolution ('ADR'), both through private arbitration and private mediation, is increasing in popularity in the Cayman Islands, having regard to the time, costs, adverse costs risks, and uncertainties of litigation before the Courts, whether that litigation is local or cross-border in nature.

There are, however, still a large number of cases that come before the Cayman Islands Courts (including cases that have gone to substantial interlocutory hearings, and even to trial or to appeal) in which the parties, or their lawyers, have failed to take advantage of the available opportunities to explore all potential settlement solutions, whether by negotiation, by private mediation or by other appropriate methods of ADR.