Some Lagos-based lawyers on Wednesday underscored the need for litigants to adopt alternative dispute resolution (ADR) techniques in resolving disputes.
The lawyers said that when there was a breach of contract or dispute over a transaction, lawyers could adopt any of the ADR mechanisms rather than instituting lawsuits.
ADR is a process of resolving disputes outside the conventional courtroom, which may take the form of negotiation, mediation, conciliation or arbitration.
The lawyers argue that the technique is less expensive and less time-consuming compared to litigation, depending on the complexity of the dispute and the procedure adopted.
In his reaction, the convener of the Duty Solicitors Network (DSN), Bayo Akinlade, urged litigants to consider ADR as a better settlement option than litigation.
He, however, noted that the “winner-takes-all” mentality of litigants often discouraged people from considering the option.
“ADR includes negotiation and settlement, which could lead to an outcome both parties are not entirely happy with,” he said.
Noting that the process provides a faster alternative to litigation, he said that a major challenge with the technique is that parties often change their minds even after reaching settlement.
He, consequently, called for effective adoption of the mechanism, adding that the same will save the courts from workload.
Also speaking, another Lagos-based lawyer, Iyanuoluwa Ajeleti, argued that while ADR helps to preserve family and business relationships, parties must be mindful of the legal implications of any settlement reached.
She stated, “Section 82(2) of the Arbitration and Mediation Act, 2023, provides that a settlement agreement resulting from mediation is binding on the parties and enforceable in court as a contract, consent judgment or consent award. ADR should not be treated as an informal conversation without legal consequences.”
On his part, another lawyer, Vincent Aminu, said that factors such as lack of trust in the process, is a major reason litigants prefer the courtroom.
“Many Nigerians prefer court proceedings because they are familiar with the judicial system, and some parties doubt the fairness, neutrality or effectiveness of the ADR process.” he said
Noting that out-of-court settlement remains a useful tool for decongesting the courts and promoting speedy justice delivery, he called for modalities to help improve the process.
According to him, increased public enlightenment on its benefits and procedures is important to encourage litigants to embrace the mechanism.
The lawyers also called for training of more mediators, conciliators and arbitrators, adding that legal reforms were also strategic to strengthening the framework for ADR.
(NAN)
