Sep 26, 2017

What Lawyers should note about the Lagos Multi-door Court House



Important Points To Note About The Lagos Multi-Door Courthouse (Lmdc) Especially For Lawyers And Mediation Advocates (Ii)

ENFORCEMENT OF SETTLEMENTS
·        Section 16 of the LAGOS MULTI-DOOR COURTHOUSE (LMDC) 2007, settlement agreements reached at the LMDC and duly signed by the parties are enforceable as contracts between the parties and when such agreements are further endorsed by an ADR Judge, they become enforceable as judgments of the High Court of Lagos State.


·        Section 15(5) of the LAGOS MULTI-DOOR COURTHOUSE (LMDC) 2007 also provides that, any Settlement Agreement or Memorandum of Understanding duly signed by disputing parties shall upon being filed at the LMDC, be presented to an ADR judge or any other person as directed by the Chief Judge, for enforcement as the consent judgment of the High Court of Justice, Lagos State.

·        Another interesting extension of the enforcement provisions of the LAGOS MULTI-DOOR COURTHOUSE (LMDC) 2007 Law is Section 4(1) b which allows Terms of Settlement and Memorandum of Understanding reached by other ADR Organizations be filed at the LMDC and endorsed by the ADR Judge to become the consent judgment of the High Court Of Lagos State.

·        Such referrals to mediation under the provision of the Law shall not require the consent of the parties to the proceedings and after the Mediation session, the Mediator shall submit the Mediation agreement to the High Court or Magistrate Court for endorsement and enforcement within 3(three) days after execution by the parties.

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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