Alternative Dispute Resolution in Trinidad and Tobago: Mediation, Arbitration, and How to Resolve Disputes Without Going to Court
In Trinidad and Tobago, parties wishing to resolve a dispute without going to court have two principal legal frameworks available: the Mediation Act, Chapter 5:32 of the Laws of Trinidad and Tobago (Act No. 8 of 2004, in force since 27 February 2004) and the Arbitration Act, Chapter 5:01 of the Laws of Trinidad and Tobago (Act No. 11 of 2023, effective 19 February 2024). The critical distinction between them is this — mediation is a facilitated negotiation process in which a neutral mediator assists the parties to reach their own agreement; arbitration is a private adjudication process in which an arbitral tribunal hears evidence and issues a binding decision called an award. Both routes offer significant advantages over court litigation in terms of cost, speed, confidentiality, and control — and, as of April 2026, both are fully operational in Trinidad and Tobago.
Why Consider ADR? The Litigation Alternative
Court litigation in Trinidad and Tobago — conducted in the High Court, the Court of Appeal, and ultimately the Privy Council — is the most formal, most costly, and often the slowest mechanism for resolving civil disputes. Wait times for trial dates in the High Court can extend to several years, legal fees accumulate throughout, and the proceedings are open to the public. The outcome is determined by a judge, not the parties, and either side may appeal — adding further time and cost.
Alternative Dispute Resolution (ADR) is the collective term for processes that resolve disputes outside the courts: most commonly mediation, arbitration, and negotiation. In Trinidad and Tobago, the Civil Proceedings Rules 1998 (Consolidated 2016) — which govern civil litigation procedure — actively promote ADR. Under Part 4 of the Civil Proceedings Rules 1998 (Consolidated 2016), the court may impose adverse costs orders on a party who unreasonably refused to engage in ADR, even if that party ultimately wins at trial. The Pre-Action Protocol, which applies before any claim is filed, expressly requires parties to consider ADR before commencing proceedings. A party who ignores this requirement and proceeds straight to litigation without good reason risks being penalised in costs.
This is a significant practical point: refusing ADR is not a neutral decision in Trinidad and Tobago — it can have direct financial consequences in the courtroom.
Mediation in Trinidad and Tobago: The Mediation Act, Chapter 5:32
What Mediation Is
Mediation is a voluntary, confidential, and non-binding process (unless and until the parties reach a settlement agreement) in which a neutral third party — the mediator — facilitates communication between the disputing parties to help them identify their interests and reach a mutually acceptable resolution. The mediator does not impose a decision; they guide the conversation.
Under the Mediation Act, Chapter 5:32 of the Laws of Trinidad and Tobago, all communications made in the course of a mediation are strictly confidential and cannot be used as evidence in any court or arbitral proceedings. This is one of the most important features of mediation: parties can speak frankly, explore compromise positions, and make offers of settlement without fear that their words will be used against them if the mediation fails and the dispute proceeds to court.
Key features of mediation under Chapter 5:32:
- Voluntary: Both parties must agree to mediate. No party can be compelled to enter mediation against their will (though a court may take the refusal into account in costs, as explained above).
- Confidential: Mediation communications — including offers, concessions, and admissions made during the process — are inadmissible as evidence in subsequent proceedings.
- Facilitated, not adjudicated: The mediator is a neutral facilitator. They have no power to impose a settlement, make findings of fact, or declare a winner.
- Binding settlement: If the parties reach agreement, the mediated settlement is recorded in writing and is binding as a contract. If one party then fails to honour the settlement, the other may enforce it through the courts as a breach of contract claim.
- Speed and cost: Mediation sessions can often be scheduled within weeks; a single mediation session of one to two days can resolve disputes that might otherwise take years in litigation.
The Mediation Board of Trinidad and Tobago
The Mediation Board of Trinidad and Tobago is the statutory body established under the Mediation Act, Chapter 5:32, responsible for certifying and accrediting mediators in Trinidad and Tobago. The Board maintains a roster of certified mediators. To become certified, a mediator must complete an approved training programme — the Dispute Resolution Centre of Trinidad and Tobago (disputes.disputeresolutioncentre.org.tt), founded on 24 August 1996 and operational as of April 2026, offers a 40-hour Mediation Skills training programme that meets the Board's requirements. The Centre also provides mediation, arbitration, and conflict resolution services and maintains a panel of trained practitioners.
When selecting a mediator, parties should confirm that the individual is certified by the Mediation Board of Trinidad and Tobago or is otherwise accredited through a recognised institution.
Court-Annexed Mediation
Not all mediation in Trinidad and Tobago is private. Two court systems in Trinidad and Tobago refer parties to mediation before contested hearings:
- The Family Court can refer parties to court-annexed mediation before a contested custody or divorce hearing proceeds. This reduces the adversarial nature of family proceedings and is particularly beneficial where the parties must maintain an ongoing co-parenting relationship.
- The Industrial Court provides conciliation and mediation services for employment disputes under the Industrial Relations Act, Chapter 88:01, before a dispute is referred to a full Industrial Court hearing.
Arbitration in Trinidad and Tobago: The Arbitration Act, Chapter 5:01
The New Arbitration Framework
The Arbitration Act, Chapter 5:01 (Act No. 11 of 2023, effective 19 February 2024) replaced the old Arbitration Ordinance of 1939 — a piece of legislation that was over 80 years old and wholly inadequate for modern commercial dispute resolution. The new Act aligns Trinidad and Tobago's arbitration law with the UNCITRAL Model Law on International Commercial Arbitration, the internationally accepted template for modern arbitration legislation adopted by dozens of countries worldwide.
This alignment matters practically: it means that international businesses and investors operating in Trinidad and Tobago can rely on arbitration clauses governed by familiar, internationally recognised principles. It also reinforces Trinidad and Tobago's ratification of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which allows arbitral awards made in T&T to be enforced in over 170 countries, and foreign awards to be enforced in T&T.
How Arbitration Works
Arbitration is a private adjudication process. The parties agree — either in a contract clause before a dispute arises, or in a separate submission agreement after a dispute has arisen — to refer their dispute to one or more arbitrators rather than to a court. The arbitral tribunal conducts a hearing, receives evidence and legal submissions, and issues a final, binding decision called an arbitral award.
Under the Arbitration Act, Chapter 5:01, an arbitral award made in Trinidad and Tobago is enforceable as a judgment of the High Court — it carries the same legal force as a court order, without the need to re-litigate the merits of the dispute.
Key Features of the Arbitration Act, Chapter 5:01
1. Separability
One of the most important principles in the new Act is the doctrine of separability. An arbitration clause contained within a contract is treated as a separate, independent agreement from the rest of the contract. This means that if the main contract is found to be void, voidable, or otherwise invalid, the arbitration clause survives intact and the arbitral tribunal retains jurisdiction to hear the dispute. This prevents a party from escaping arbitration simply by claiming the contract is invalid.
2. Competence-Competence
Under the doctrine of competence-competence in the Arbitration Act, Chapter 5:01, the arbitral tribunal has the authority to rule on its own jurisdiction — including any challenge to the validity or existence of the arbitration agreement — before the courts are asked to intervene. A party who wishes to challenge the arbitral tribunal's jurisdiction must raise that challenge with the tribunal itself first, before seeking the assistance of the court. This prevents tactical delays caused by premature court challenges to jurisdiction.
3. Mandatory Stay of Court Proceedings
Where parties have a valid arbitration agreement and one party attempts to bring court proceedings in breach of that agreement, the court must stay those proceedings and refer the parties to arbitration. Under the Arbitration Act, Chapter 5:01, this stay is mandatory, not discretionary — the court has no power to refuse it if a valid arbitration agreement exists and the applicant is ready and willing to arbitrate. This is a major improvement over the old Act.
4. Interim Relief
The new Act empowers arbitral tribunals to grant interim and emergency relief measures — including orders to preserve assets, maintain the status quo, or compel the production of evidence — while the arbitration is ongoing. Courts may also support and enforce such measures. This addresses a critical gap in the old law and removes a significant reason why parties previously preferred litigation over arbitration.
5. Limited Appeals
Appeals from arbitral awards in Trinidad and Tobago are strictly limited under the new Act. Parties can also contract out of appeal rights entirely, making the arbitral award truly final. This certainty and finality is one of arbitration's most commercially attractive features.
Mediation vs Arbitration vs Litigation: A Comparison
| Feature | Mediation | Arbitration | Litigation |
|---|---|---|---|
| Binding outcome? | Only if settlement reached and signed | Yes — arbitral award is binding and enforceable as a High Court judgment | Yes — court judgment |
| Who decides? | The parties themselves (mediator facilitates only) | The arbitral tribunal (one or more arbitrators) | A judge (or jury in limited cases) |
| Confidential? | Yes — communications confidential under Ch. 5:32 | Generally yes — private proceedings; no public record | No — court proceedings are open to the public |
| Cost | Generally lowest — often resolved in one to two sessions | Moderate to high — depends on complexity and tribunal fees | Can be very high — especially multi-year litigation |
| Speed | Fastest — sessions can be scheduled within weeks | Moderate — faster than litigation; months to a year | Slowest — High Court trials can take several years |
| Right of appeal? | N/A — if no settlement, parties may proceed to other processes | Strictly limited; parties may contract out entirely | Full appeal rights to Court of Appeal and Privy Council |
| Governing law (T&T) | Mediation Act, Ch. 5:32 | Arbitration Act, Ch. 5:01 | Civil Proceedings Rules 1998 (Consolidated 2016) |
When to Use Each ADR Method
| Situation | Recommended Method | Reason |
|---|---|---|
| Commercial contract dispute where relationship is important | Mediation first | Preserves business relationship; parties control outcome |
| Construction or engineering dispute with technical issues | Arbitration | Arbitrators can be chosen for technical expertise |
| Landlord and tenant rent or repair dispute | Mediation | Fast, low-cost; landlord-tenant relationship preserved |
| Employment dispute (non-statutory) | Mediation | Industrial Court conciliation available; preserves workplace relations |
| Employment dispute (statutory unfair dismissal) | Industrial Court conciliation/mediation | Industrial Relations Act Ch. 88:01 governs; mandatory conciliation before hearing |
| Family dispute — custody, divorce | Family Court mediation | Court-annexed mediation; preserves co-parenting relationship |
| Neighbourhood or community dispute | Mediation | Informal, confidential, low-cost |
| International commercial dispute with foreign party | Arbitration | Award enforceable internationally under New York Convention |
| Dispute requiring urgent injunction | Litigation | Court has full injunctive relief powers; arbitration interim measures may not be sufficient |
| Criminal matter | Litigation only | ADR is not available for criminal proceedings |
| Dispute requiring judicial precedent | Litigation | Only courts can create binding precedent |
What the Law Says in Trinidad and Tobago
| Statute | Relevance |
|---|---|
| Mediation Act, Chapter 5:32 (Act No. 8 of 2004; in force 27 February 2004) | Establishes the Mediation Board; defines mediation; renders all mediation communications confidential and inadmissible in court proceedings; makes mediated settlement agreements binding as contracts |
| Arbitration Act, Chapter 5:01 (Act No. 11 of 2023; effective 19 February 2024) | The modern arbitration framework for Trinidad and Tobago; replaces the 1939 Act; aligns with UNCITRAL Model Law; introduces separability, competence-competence, mandatory stay of proceedings, interim relief powers, and strictly limited appeal rights; arbitral awards enforceable as High Court judgments |
| Civil Proceedings Rules 1998 (Consolidated 2016) | Part 4 promotes ADR; Pre-Action Protocol requires parties to consider ADR before filing; court may impose adverse costs orders for unreasonable refusal to engage in ADR |
| Industrial Relations Act, Chapter 88:01 | Governs employment dispute resolution through the Industrial Court; provides for conciliation and mediation before a full Industrial Court hearing |
Frequently Asked Questions
Can I be forced to go to mediation in Trinidad and Tobago?
No party in Trinidad and Tobago can be compelled to participate in mediation against their will — mediation is a voluntary process under the Mediation Act, Chapter 5:32. However, the voluntary nature of mediation does not mean that refusing it is without consequence. Under the Civil Proceedings Rules 1998 (Consolidated 2016), a party who unreasonably refuses to engage in ADR — including mediation — before or during litigation may face adverse costs orders imposed by the court, even if they ultimately win the case. The Pre-Action Protocol requires parties to consider ADR before commencing proceedings. Refusal should therefore be accompanied by genuine and documented reasons; an unexplained or dismissive refusal to mediate has cost litigants significant sums in T&T courts.
What is the difference between mediation and arbitration in Trinidad and Tobago?
The fundamental difference is who decides the outcome. In mediation, governed by the Mediation Act, Chapter 5:32, the mediator is a neutral facilitator who helps the parties reach their own agreement — the mediator has no power to impose a decision. If no agreement is reached, the parties are free to pursue other remedies. In arbitration, governed by the Arbitration Act, Chapter 5:01, the arbitral tribunal hears evidence and arguments from both sides and issues a binding decision called an award. That award is enforceable as a High Court judgment. Mediation is collaborative; arbitration is adjudicative. Mediation is appropriate where the parties want to preserve a relationship or maintain control over the outcome; arbitration is appropriate where a binding, final decision is needed but the parties wish to avoid the expense, delay, and publicity of court litigation.
Is an arbitration award binding and enforceable in Trinidad and Tobago?
Yes. Under the Arbitration Act, Chapter 5:01 of the Laws of Trinidad and Tobago, an arbitral award made in Trinidad and Tobago is enforceable as a judgment of the High Court — it has exactly the same legal force as a court order. If a losing party fails to comply with an arbitral award, the winning party can apply to the High Court for enforcement without needing to re-litigate the dispute. Furthermore, because Trinidad and Tobago has ratified the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, T&T arbitral awards can also be enforced in over 170 countries that are party to that Convention — a significant advantage for cross-border commercial disputes.
What happens if I included an arbitration clause in my contract and the other party is now trying to sue me in court?
If your contract contains a valid arbitration clause and the other party commences court proceedings in breach of that agreement, you should apply to the court for a stay of proceedings as early as possible — and under the Arbitration Act, Chapter 5:01, that stay is mandatory. The court must stay the proceedings and refer the parties to arbitration; it has no discretion to refuse if the arbitration agreement is valid and you are ready and willing to arbitrate. It is essential to raise this application promptly — before taking any other step in the court proceedings that might be construed as submission to the court's jurisdiction — and to obtain legal advice without delay. The new Act's mandatory stay provision represents a significant strengthening of arbitration agreements compared to the old 1939 legislation.
Are mediation communications confidential in Trinidad and Tobago?
Yes, and this confidentiality is one of the strongest features of the mediation process. Under the Mediation Act, Chapter 5:32 of the Laws of Trinidad and Tobago, all communications made in the course of a mediation — including offers, admissions, proposals, and concessions — are strictly confidential and cannot be used as evidence in any subsequent court or arbitral proceedings. This means that a party can speak candidly in mediation, explore settlement positions, and acknowledge weaknesses in their case without fear that those statements will be used against them if the mediation breaks down. The confidentiality protection applies to the mediator as well as the parties: a mediator cannot be called as a witness to testify about what was said in mediation.
What disputes are NOT suitable for ADR in Trinidad and Tobago?
While ADR is appropriate for the vast majority of civil and commercial disputes in Trinidad and Tobago, it is unsuitable in certain categories of case. Criminal matters cannot be resolved through mediation or arbitration — the prosecution of criminal offences is a function of the State and is conducted exclusively in the criminal courts. Cases requiring urgent injunctive relief — where a party needs an immediate court order to freeze assets, prevent irreparable harm, or restrain threatened conduct — are generally best handled by the High Court, which has broad injunctive powers, although the new Arbitration Act does provide for interim measures in appropriate cases. Disputes that require a binding judicial precedent to settle a point of law affecting the public interest should proceed through the courts. Finally, where third parties who are not signatories to an arbitration or mediation agreement are necessary participants in resolving the dispute, ADR may be impractical unless all parties consent to participate.
How do I find a certified mediator or arbitrator in Trinidad and Tobago?
As of April 2026, the primary institutions offering ADR services in Trinidad and Tobago are the Dispute Resolution Centre of Trinidad and Tobago (disputes.disputeresolutioncentre.org.tt), founded on 24 August 1996, and the Mediation Board of Trinidad and Tobago, which maintains a roster of certified mediators under the Mediation Act, Chapter 5:32. The Dispute Resolution Centre provides mediation, arbitration, and conflict resolution services, and also offers a 40-hour Mediation Skills training programme for those seeking certification from the Mediation Board. For construction and engineering disputes, specialist arbitrators can often be sourced through professional engineering bodies. For international commercial arbitrations, parties may agree to use international arbitral institutions whose rules are compatible with the Arbitration Act, Chapter 5:01. An attorney-at-law can assist in identifying the appropriate institution and practitioner for the type of dispute involved.
Can the losing party in mediation or arbitration appeal the outcome?
In mediation, there is no award or judgment to appeal — if the parties reach a settlement, the settlement is recorded as a binding contract. If a party later wishes to challenge it, they would need to pursue a separate court action arguing that the settlement was procured by misrepresentation, duress, or other vitiating factors. In arbitration, the grounds for appealing or challenging an arbitral award are strictly limited under the Arbitration Act, Chapter 5:01. The Act restricts challenges to matters such as a fundamental breach of natural justice, excess of jurisdiction, or public policy grounds. Parties can go further and contract out of appeal rights entirely, making the award absolutely final. This finality is one of arbitration's principal commercial attractions — but it means parties should choose their arbitrators carefully and ensure the arbitral process is conducted rigorously.
Written by Martin George, Attorney-at-Law. Martin George is the founder and principal attorney of Martin George & Company, with more than 35 years of active legal practice in the courts of Trinidad and Tobago. He is a former Commissioner on the Law Reform Commission of Trinidad and Tobago and a member of the Prime Minister's Constitutional Committee for Internal Self-Government for Tobago. This article is published for general information and public legal education. It does not constitute legal advice. For advice on your specific situation, contact Martin George & Company.
Last reviewed: April 2026