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.
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.
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)
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.
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.
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.
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.
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.
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.
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 *
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 *
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