Sep 25, 2017

The Lagos Multi-door Courthouse II - Referrals


There are three ways through which matters can be referred to the Lagos Multi-Door Courthouse. They are;

WALK-IN: any party to a dispute may initiate Mediation, Arbitration, Early Neutral Evaluation or any other ADR services by visiting the LMDC or writing to its Director. Matters from other reputable ADR organizations may be filed at the LMDC for settlement.


COURT REFERRAL: disputes are referred by Judges of the High Court or Magistrate Court to the LMDC in appropriate circumstances. Apart from the High Court and Magistrate Court of Lagos State, matters may be referred to the LMDC from the Federal High Court or Courts of other jurisdictions outside Lagos.

DIRECT INTERVENTION: the LMDC through the Director may in circumstances where the public interest or the interest of the disputing parties so demand, approach the parties with a view to assisting in the resolution of their dispute.

IMPORTANT POINTS TO NOTE ABOUT THE LAGOS MULTI-DOOR COURTHOUSE (LMDC) ESPECIALLY FOR LAWYERS AND MEDIATION ADVOCATES

Section 16 of the LAGOS MULTI-DOOR COURTHOUSE (LMDC) 2007 specifies amongst others that it is the responsibility of the Judge of the High Court of Lagos to control and manage effectively proceedings in court and issue orders which would encourage the adoption of ADR methods in dispute resolution, including the mandatory referral of parties to explore settlement at the LMDC whenever one of the parties to an action is willing to do so.

In a similar vein, Section 32 of the TENANCY LAW 2012 provides that in proceedings under the Law, the court shall promote reconciliation, mediation and amicable settlement between parties. By virtue of this provision, the High Court or Magistrate Court may refer tenancy proceedings or any part of it to mediation at the Lagos Multi-Door Courthouse (LMDC) or to the Citizen Mediation Centre (CMC).
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.*The Lagos Multi-Door Courthouse Neutrals’ Handbook.

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