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


Reactions: