Aug 22, 2017

Mediation and the Courts | DmediationLawyerist


It should be noted that Mediation and other forms of ADR can NEVER replace the courts but it is to be seen as part of the court system and this has been done with the establishment of the Lagos Multi Door Courthouse (LMDC) which is primarily aimed at resolving disputes.


Mediation and every other form of ADR is achieving justice by consensus and the aim of our page is that it is hoped that only cases which should be in the courts get to the court.

THE BENEFITS OF MEDIATION OVER LITIGATION (I)

·     Litigation is formal and looks backward in time at what has occurred.

·     Many winners find that in real terms, taking into account, time, irrecoverable costs and aggravation, they have not won anything at all.

·     It imposes a binding solution based on legal liability where inevitably one party or the other is likely to be dissatisfied, since the process is designed to attribute blame.

·     The expense and costs regime may make even the winner dissatisfied.

·     It removes control of the dispute from parties, first by vesting it in the lawyers and then in the court’s administration and management system.

·     It addresses issues in a purely legal context, in the public eye, with foxed pre-determined remedies that you either obtain or fail to obtain.

·     It is slow, expensive and more often than not destroys relationship as a result of the victor- vanquished mentality.

·     In contrast Mediation is an informal, very flexible procedure with no imposed solutions and looks forward in time from where the parties are at presently.

Footnotes:* Standing Conference Of Mediation Advocates (SCMA) *The Lagos Multi- Door Courthouse Law (LMDC) 2007* The LMDC Practice Direction on Mediation Procedure* The Multi Door Courthouse Code of Ethics for Mediators* Guidelines For Enforcement Procedure *Guidelines for Court referrals to Alternative Dispute Resolution *Principles of Alternative Dispute Resolution by Stephen J.Ware *Effective Mediation Advocacy by Andrew Goodman *

For more tips on Mediation -
Follow us on Facebook Page: fb.me/dmediationlawyeristng
Instagram: http://www.instagram.com/DmediationLawyerist


Share:

0 comments:

Post a Comment

Blog Archive

AELEX Annual Lecture

AELEX Annual Lecture
AELEX Annual Lecture

ORDER NOW

The Nigerian blawg

Disclaimer:- Posts and comments by the publishers of this blog do not constitute legal advice or create an attorney-client relationship.

Follow by Email

Advertise your property

Property Listings

  • SALE-4bedroom duplex With 3 living rooms. Located at Opic Harmony Estate. Asking 80m Title Global C of O/ consent in progress. 08055424566
  • FOR SALE 8bedroom duplex 2 living rooms With 2 rooms BQ N150m Located off CMD Road Magodo Registered Title Contact 08055424566
  • Property for Rent – New Building, 4 unit luxury 2 bedroom flat available at Rafiu Ipaye Street, Ijesha, Surulere. Ground floor back flat- 700k per anum, First floor back flat – 750k per anum, 2nd floor back flat – 750k, 2nd floor front flat – 800k. Service charge - 75k per anum. Refundable caution – 70k. Call 08055424566 for details.
  • Property For Sale!!! A fenced and gated uncompleted 3 bedroom site on a full plot of land is available for sale at Igbetu via Awoyaya, behind Mayfair Gardepn Estate, Ibeju-Lekki, Lagos for sale. Price is N20million and Title Documents include, Family Receipt,  Deed of Assignment and Global C of O. Contact 08055424566 for more information
  • PROPERTY FOR SALE!!!!!!!!  A 5 Bedroom Duplex with 2 room BQ formerly used for a Nursery & Primary school is available for sale in Iyana Ipaja, Lagos  Building contains 9 CLASSROOMS, 2 OFFICE SPACES, 1 LARGE RECEPTION, 8 TOILETS, 5 BATHROOMS, KITCHEN,PLAY AREA. The seller's title is a certificate of Occupancy and the asking price is 35 million Naira.  Contact 08055424566 for more details 
  • List your property for rent or sale here

CONTACT US

Name

Email *

Message *

Powered by Blogger.