Divorces average 20 months but some as quick as 16 weeks

The average time for the completion of divorces in Jamaica has been slashed from three years in the past to 20 months in recent times, with many couples in the last year untying the knot within 16 weeks.

Justice Minister Delroy Chuck, who made the disclosure in Parliament on Wednesday, said that divorce matters could be dispensed with even quicker if the necessary legal documents were completed properly by attorneys.

In his contribution to the Sectoral Debate in Gordon House, the justice minister said he has also seen a marked reduction in other non-trial matters such as probate and hearings before the Masters in Chambers.

“The reason why it continues beyond the 16 weeks which is possible is that there are so many requisitions. The attorneys, especially the younger ones, are not properly providing the material necessary to complete the probate and the divorces,” Chuck noted.

But while the rate of divorce case completion is tightening, Chuck is unhappy with the pace at which the Supreme Court adjudicates civil matters.

Chuck told his parliamentary colleagues that the Supreme Court was setting trial dates for 2027 and 2028.

“This is embarrassing,” he said.

“For cases to drag on for five, six years, it's not giving the right impression if we are going to really be competitive in the modern world.”

He said that if cases are put to trial in the next five years, this is a “lose-lose”' situation for the litigants.

Pushing for litigants to go the route of mediation, Chuck said that this was a strong alternative that could result in a win-win for disputing parties.

“No case should go beyond five years ... . We hope that most of the matters can be dealt with within three to five years,” he stressed.

Suggesting a plan that could bring about closure to some of the cases that have trials dates in 2028, Chuck said he would be inviting litigants to participate in what he dubbed mediation/arbitration, or MEDARB.

“I have been in discussion with many retired judges who would be happy to assist in this new venture,” Chuck said.

The justice minister said he has had discussion with the minister of finance and would be taking the proposal to Cabinet.

He said that litigants whose cases have been put down for trial could get one of the retired judges on the MEDARB programme to hear their cases and first apply mediation to reach a resolution.

However, if the parties fail to reach a settlement, the judge would then, through the permission of both litigants, make a decision that would be enforceable.