Saturday 16 November 2013

ALTERNATIVE DISPUTE RESOLUTION



The common mode of dispute resolution is going to court, over the year’s contractual relationship, family disputes, marital issues to mention a few are being settled by the court.

In this part of the world once issues are resolved in court, parties to the suit remain enemies for life as often said ’You don’t o to court and still be friends’ forgetting that court system is not there to spoil relationships but to define boundaries, and make each party liable in case of breach.

The attitude of people towards resolving issues in court for the fear of losing their business partner, severe family ties in cases of family disputes, another means was then introduced to resolve issues. This method is known as Alternative Dispute Resolution.

This method of dispute resolution is of two types, Alternative Dispute resolution which is court connected and other complimentary litigation methods that assist in getting to the quicker and acceptable dispute resolution.

The court connected ADR include the settlement of disputes by parties in court and settlement out of court through ADR mechanism which usually involves the use of appointed arbitrators while the other ADR which is not court connected involves the use of referees that is most time an independent party who is not in any way connected with the dispute.

The court rules and practices encourage parties to dispute to resolve matters amicably, section 24 of the high court law of Lagos state enjoins the court to promote and encourage reconciliation among parties, also order 17 rule 17 of the Abuja rules states that the judge with the consent of the parties, may encourage settlement of any matter before it through other lawfully recognized methods of dispute resolutions which are arbitration, conciliation.

This method of dispute resolution has so many advantages which includes easy access to justice, it saves time and cost and above all the process is less adversarial because the litigation system in the country adversarial in nature which often time discourages people from wanting to enforce their rights by going to court.

The parties who resort to ADR have total control over procedure, the settlement and contents and may at anytime back out if not comfortable with the process and resort back to court, it is a voluntary process.
 
The types of Alternative Dispute Resolution process include Negotiation, Mediation and Arbitration.

For more information on how the Alternative Dispute Resolution can be adopted talk to a lawyer.


Thank you.

Oyenike Alliyu-Adebiyi Llb(hons)Bl

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