The Alternative Dispute Resolution programme was set up for the resolution of issues outside the court due to the expensive cost of litigation and the amount of time spent on trials among other unfavorabe situations that do not usually suit the smooth flow of justice.
The Alternative Dispute Resolution process takes place in court premises but not necessarily inside a courtroom and in some provided locations such as the local government or community development area offices.
Section 19(d) of the Constitution of the Federal Republic of Nigeria 1999 allows the settlement of disputes by arbitration, mediation, facilitation, negotiation, and adjudication; all of which are the processes of the ADR. Others are collaborative family law, expert determination, mini-trial, etc.
Here are ways that some of the aforementioned processes of the ADR can be employed in the resolution of conflicts without going to trial or spending money on litigation.
In meditation, a Mediator is appointed, not to ncessarily settle the coflict, but to help the parties improve their communication and settle the conflict themselves.
If the parties fails to reach an agreement with mediation, the non resolved issues or the entire issues are submitted to be arbitrated. This takes us to the arbitration process.
In Arbitration, an arbitrator decides the dispute after hearing from the disputing parties. Arbitration is either binding or non binding.
Binding, when the parties agree to accept the arbitrator’s decision as final without appeal and non binding when the parties may go into trial if they do not accept the arbitrator’s decision.
When going into a contract, some parties do indicate to settle issues that may arise during the contract with the arbitration process.
The collaborative law is mostly applicable in divorce cases. It gives room for peaceful end to a marriage and a protective representative of the parties. It allows for divorce without having to go through trials in the court.
The Alternative Dispute Resolution is generally cost effective and it saves a lot of time compared to court trials.
Another advantage of going through the Alternative Dispute Resolution way is privacy, simplicity and the greatest of all is that the parties are able to bear their reservations, grievances, or the shortcomings of one another to the neutral third parties. In so doing, a more peaceful and favourable resolution is usually reached.
Learn more about how you can resolve issues the ADR way from the links below.