In recent times, the strain on judicial systems globally has become critical, with numerous courts facing challenges like backlogs and lengthy case durations. Nigeria is also affected by this issue, as the increasing demand for legal resolutions often overwhelms the limited resources of its justice system. This situation has sparked conversations about the effectiveness of Alternative Dispute Resolution (ADR) mechanisms—such as mediation, arbitration, and negotiation—as potential solutions to this urgent problem.
What is ADR?
ADR refers to a variety of processes used to settle disputes outside the traditional litigation system. It includes methods like mediation, arbitration, and negotiation.
ADR aims to provide parties with a more flexible, cost-effective, and efficient way to reach a resolution compared to formal court proceedings. Mediation involves a neutral third party facilitating discussions between disputing parties to help them reach a mutually agreeable solution.
Arbitrators make binding decisions after evaluating evidence and arguments from both sides, while negotiation is a more informal process where parties communicate directly to resolve their differences.
Research indicates that one of the significant advantages of ADR is its ability to ease the burden on overcrowded court systems, offering quicker resolutions that can lead to increased satisfaction for all involved parties. Moreover, ADR procedures are often confidential, safeguarding the privacy of the parties and the details of the dispute.
While ADR may not be suitable for every scenario—especially in cases involving significant power imbalances or complex legal issues—legal experts argue that it remains a crucial option for many looking to resolve conflicts amicably.
In 2002, the Lagos Multi-Door Courthouse (LMDC), Africa’s leading court-connected ADR center, was established in partnership with the Lagos State Judiciary. The LMDC offers tailored ADR services and training for resolving various disputes, including those related to commercial contracts, family matters, tenancy, banking, construction, oil and gas, telecommunications, aviation, real estate, debt recovery, insurance, and entertainment.
Since its establishment, the LMDC has successfully mediated and concluded 12,563 cases and resolved 7,133 disputes, significantly contributing to reducing court dockets and promoting justice.
Studies reveal that ADR provides a more flexible and expedient approach to resolving disputes compared to traditional litigation. By allowing parties to negotiate outcomes directly or with neutral facilitators, ADR can significantly reduce the time and costs associated with court proceedings.
Furthermore, the confidential nature of many ADR processes creates an environment conducive to settlement, encouraging more amicable resolutions to conflicts that might escalate within the formal court system.
Critics, however, argue that ADR is not a universal solution. Certain disputes, particularly those involving intricate legal frameworks or severe power imbalances, may require the formal judicial process to ensure fairness and justice.
‘We don’t come back from the court and be friends’
There is a Yoruba proverb that highlights the adversarial nature of litigation, suggesting that parties do not typically reconcile after court proceedings. This proverb underscores how litigation can lead to win-lose outcomes that damage relationships and foster animosity and distrust.
Research indicates that many individuals prefer ADR mechanisms, such as mediation and arbitration, as they allow for a more amicable resolution of disputes. Unlike the rigid rulings of court decisions, ADR promotes a collaborative atmosphere where both parties can work towards mutually beneficial solutions.
This collaborative approach not only helps preserve relationships but also encourages open communication, enabling parties to understand each other’s perspectives and needs. By choosing ADR, disputants can resolve issues in a manner that respects both sides, reducing the chances of future conflicts and allowing them to emerge with their dignity and relationships intact.
A corporate legal practitioner highlighted that ADR plays a vital role in alleviating the burden on formal litigation processes, offering a more efficient alternative that enables quicker resolutions, allowing companies to resume their primary operations.
He emphasized that ADR provides a flexible framework tailored to the specific needs of the parties involved, fostering a collaborative environment that strengthens relationships rather than creating divisions.
The confidentiality of ADR