ADR and speedy dispensation of justice
ADR in law means Alternative Dispute Resolution. It is the use of method such as mediation and conciliation to resolve dispute without necessarily resorting to litigation. In ADR, parties are saved the long time it takes to get a matter resolved by litigation. It saves cost and relationships as parties get to settle their conflict […]
ADR in law means Alternative Dispute Resolution. It is the use of method such as mediation and conciliation to resolve dispute without necessarily resorting to litigation. In ADR, parties are saved the long time it takes to get a matter resolved by litigation. It saves cost and relationships as parties get to settle their conflict without animosity, it focuses on the real issues of conflict not the parties’ legal rights and obligations, gives the party the opportunity to be in control of the proceedings, eliminate the stress of court appearance, just to name a few.
Due to the importance of ADR in speedy resolution of dispute, a jurisdiction such as Lagos has made it part of its High Court Civil Procedure Rules for parties to resort to Multidoor Courthouse with the aim of exploring settlement. This creates a situation of the Multidoor Courthouse being busier than the courts itself. The result of which courts then focus more attention only on cases that require court intervention.
In other jurisdictions, like Kaduna, there is a facility equipped with the right staff for the purpose of ADR at the High Court complex, though I doubt if it is being put to use as it ought to be by the lawyers, and litigants, and to me this is because the use of the Multidoor Court room (ADR) has not been made mandatory by the rules.
To make matters worse, there are also jurisdictions that do not even have the facility in the first place, and so don’t even consider the use of ADR as a means to resolve dispute.
Many lawyers have obtained certificates as arbitrators, yet don’t put such skills to work, likewise, many lawyers resort to litigation as the only medium to resolve conflict, yet complain about the technicalities and delay in getting judgment. In the same vein, we complain about lack of jobs for legal professionals, yet we refuse to expand our frontiers beyond the norm.
In my humble opinion, making ADR mandatory in all jurisdictions will open up the legal system to more opportunities, lessen the court docket, and also change the perception of the society that resort to court to seek redress as a waste of time.
There are numerous cases in court that have no business being in court. Sometimes defendants admit a claim to a certain extent, then parties go ahead to litigate on the contentious claim. Instead of waiting for months, sometimes years to get this kind of matter resolved by a judge, parties can go through the MultiDoor Court system to dispose of the matter in weeks.
Nowadays contracts have arbitration clauses, yet when there is a breach of the terms of the same contract, parties resort to the court room, instead of the Multidoor Courthouse. There are cases that have been lost in court not for lack of merit, but due to one technicality or the other.
Only cases with serious and complex issues for determination, and criminal matters ought to find their way to the courts for adjudication. Matters that require motion for summary judgment should not automatically be listed in the court’s cause list. Such issues ought to be disposed off at the Multidoor Court House, and when it fails, it then finds its way to the court dock for adjudication.
We cannot continue to do the same thing and expect a different result. The law is an ocean of opportunities but Nigerian lawyers are only gathered at shore satisfied with litigation. The Chief Judge of each state can help make ADR mandatory in their states, lawyers can also contribute their own quota by insisting that a matter begins at the Multidoor Courthouse, before filing at the court registry, meaning ADR should be first explored before court filing.
The clients might not understand at first, but when the process begins to yield result, everyone will have no option but to come on board. Let’s not forget, making ADR mandatory will open up the legal system for lawyers to engage in an area of practice similar to litigation but not litigation.
Albert Einstein once said “we cannot solve our problems by using the same thinking we used when we created them”. The legal profession has to find new ways to resolving clients’ dispute aside from Litigation.
Godspeed!
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