ALTERNATIVE DISPUTE RESOLUTION MECHANISMS

Alternative Dispute Resolution (ADR) is a term used todescribe several different modes of resolving legaldisputes. It is experienced by the business world aswell as common men that it is impracticable for manyindividuals to file law suits and get timely justice. Thecourts are saturated with cases and ADR mechanismshelps parties resolve disputes speedily. The alternativedisputes resolution mechanism by the verymethodology used, it can preserve and enhancepersonal and business relationships that mightotherwise be damaged by the adversarial process. It isalso flexible because it allows the contestants tochoose proceduresthat will apply to their dispute.

APPLICABLE LAW

What legislation applies to arbitration in yourjurisdiction?

The Arbitration and Conciliation Act (ChapterA18, Laws of the Federation of Nigeria 2004) isthe national arbitration law. Some states havealso enacted their own arbitration laws. InLagos, the Lagos State Arbitration Law 2009applies to all arbitrations that have notspecified another law

ADVANTAGES AND DISADVANTAGES OF ADR

ADVANTAGES OF ADR

  1. Lower Costs
    • Faster Results
    • Flexibility
    • Less Procedural
    • Confidentiality
    • Neutrality
    • Cooperative Negotiations
    • Parties can chooseapplicable laws
    • It is peaceful
    • It is more unifying than litigation.
    • It is always in the bestinterest of the parties.

DISAVANTAGES OF ADR

  1. Limited opportunities forreview
    1. Injunctions cannot begranted
    1. Limited protections

TYPES OF ADR

The most common types of ADR for civil cases areArbitration, Conciliation, Mediation and traditionaldispute settlement.

We shall concentrate our energy on conciliation,mediation and traditional dispute settlement.

ARBITRATION: Arbitration, a form of alternativedispute resolution (ADR), is a technique for theresolution of disputes outside the courts, where theparties to a dispute refer it to one or more persons –arbitrators, by whose decision they agree to be bound.

It is a resolution technique in which a third partyreviews the evidence in the case and imposes adecision that is legally binding for both sides andenforceable. There are limited rights of review andappeal of Arbitration awards. Arbitration is not thesame as judicial proceedings and Mediation.

CONCILIATION: Conciliation is an alternative disputeresolution process whereby the parties to a dispute use aconciliator, who meets with the parties separately in orderto resolve their differences. They do this by loweringtensions, improving communications, interpreting issues,providing technical assistance, exploring potential solutionsand bring about a negotiated settlement. It differs fromArbitration in that. Conciliation is a voluntary proceeding,where the parties involved are free to agree and attempt toresolve their dispute by conciliation. The process is flexible,allowing parties to define the time, structure and contentof the conciliation proceedings. These proceedings arerarely public. They are interest-based, as the conciliator willwhen – proposing a settlement, not only take intoaccount the parties’ legal positions, but also theircommercial, financial and /or personal interests.

MEDIATION: Now, worldwide mediationsettlement is a voluntary and informal process ofresolution of disputes. It is a simple, voluntary,party centred and structured negotiationprocess, where a neutral third party assists theparties in amicably resolving their disputes byusing specified communication and negotiationtechniques.

Mediation is a process where it iscontrolled by the parties themselves. Themediator only acts as a facilitator in helping theparties to reach a negotiated settlement of theirdispute. The mediator makes no decisions anddoes not impose his view of what a fairsettlement should be.

TRADITIONAL DISPUTE SETTLEMENT: This entails the resolution of the dispute within our various localities in accordance with our prevailing circumstances, customs and traditions. It is also called native arbitration and more mediatory and conciliatory in nature. As paralegals, we are expected to always deploy our skills to ensure settlement of disputes between community members. We are enjoined never to allow issues escalate out of control under our watch.