WIPA responds on breakdown of mediation

Mon, Sep 7, '09

 

WIPA STATEMENT: By the terms of engagement in the recently-concluded mediation process, both the WICB and WIPA were bound by a confidentiality clause. However, on Tuesday 1st September 2009 the mediation process broke down and almost immediately thereafter, the WICB team held a press conference at Kensington Oval, Barbados.

Mr. Gerard Pinard and Mr. Derek Ali of the WICB held another press conference in Trinidad & Tobago at the Queen’s Park Oval, on 2nd September 2009.  Mr Conde Riley (the Vice-President of the Barbados Cricket Association and a Director of the WICB) held a further press conference in Barbados on Friday 4th September 2009 at which he distributed to the press there assembled copies of the WICB draft agreement that was introduced to the mediation caucus on the 1st September 2009 and resigned from the WICB Board on doing so.  

Additionally, a letter written by the President of the WICB to the Chairman of Caricom, President Jagdeo of Guyana, has also been made public.    

WIPA is, therefore, released from any obligation of confidentiality and wishes to make clear where this matter now stands

WIPA is of the same view as the Mediator, Sir Shridath Ramphal, that on Sunday, 30th August 2009, both parties (WICB and WIPA) had an agreement, subject to the acquiescence of a third party to a particular course of action which seemed very likely. It was in this context that the President and Chief Executive Officer of WIPA left the mediation proceedings along with Dr Kusha Haraksingh (one of WIPA’s lawyers), with Mr Ramnarine having made arrangements to have any outstanding details in that above-mentioned proposed agreement finalised and signed by Ms Donna Symmonds, another of WIPA’s lawyers who was present at most sessions of the Mediation.

To say that Mr. Ramnarine had abandoned the process or his absence was the cause of the breakdown is not correct and, in any event, the WICB continued to treat with WIPA on the 31st August 2009.

When this mediation started, WIPA followed the procedural requirements and provided a list of the issues. Mr. Gerard Pinard who was nominated as the WICB’s Facilitator did not have a list of issues identified by the WICB  for mediation.

This initial session was scheduled for three days but Mr. Pinard indicated that he had to leave after the first day because he had to return to Trinidad to meet his mother at the Piarco Airport. He added that ,if it was absolutely necessary, he would return.  WIPA did not insist on this since the WICB had not produced the list of issues that was required of them by the Mediator and this was a barrier to  continuing the process. This list was produced some three days later by the WICB.  

It is, therefore, mystifying and alarming to hear the WICB complain, on the one hand, about Mr. Ramnarine’s absence which did not affect the process in anyway but, on the other, not mention their delaying the process at the start and the concomitant prevention of any swift  start to the substantive mediation.

On the 31st August 2009 when the WICB continued in mediation, negotiations  did not cease. In fact, a further proposal  put by WIPA and a counter-proposal made by the WICB were discussed and the state of play at the end of the session on 31st August was that a proposal was on the table by the WICB for WIPA’s consideration.

When WIPA returned to talks on Tuesday morning 1st September 2009, led by Mr Ramnarine, who had returned in light of the new proposal put the previous day and a new document introduced late in the evening of 31st August 2009 by the WICB by way of an e-mail communication, the WICB was only prepared to deal with that new document. The WICB made it clear that the previous draft agreement, the proposal and counter proposal made on the 31st August 2009 were no longer to be the subject of any negotiation.  

WIPA in turn informed the Mediator and the WICB team that the content of the draft document submitted by the WICB on the 1st September 2009 could not be considered a serious and credible proffer for engagement.

With regards to the resolution of the outstanding issues between the parties, the involvement of the Caribbean Court of Justice was not and is not under consideration as far as WIPA is concerned. During the meditation process, Sir Shridath Ramphal was successful in obtaining the services of two Justices of the Caribbean Court of Justice and another from the Court of Appeal in Belize to sit in their personal capacity as an Arbitration panel to hear two referrals pursuant to the signed Agreement under his hand as the appointed mediator from the Agreement reached in Georgetown on 21st July 2009. The mediation having ended in no such Agreement, that proposal is no longer applicable.  

WIPA’s Chief Executive Officer has met with and spoken to as many of its members as possible and reported to the WIPA executive with regard to the current state of affairs between WIPA and WICB. Consultation with its Attorneys-at-Law is ongoing and WIPA will make a further announcement on its proposed way forward shortly.