alternative dispute resolution

Persuading The Client And The Other Side To Engage In Mediation | DmediationLawyerist

by Legalnaija | Aug 28, 2017 | Uncategorized

To make the decision whether or not to have
a case or dispute proceed to mediation requires;

An
understanding of the process; what mediation actually entails and its different
forms.

An
appreciation of possible outcomes to the dispute outside a negotiated
agreement.

Sufficient
knowledge of the strength of the legal case or of the client’s position.

An understanding of the true value of the
case to the client in terms of;

·
Cost-
efficiency

·
Time
– efficiency

·
What
the client really wants to achieve if he can

·
Whether
the remedy available from the court (even if achievable) can provide what is
actually needed.

·
Adequate
knowledge.

Without this information, you will not be
able to assess whether the decision to permit the client to mediate is correct.

A Mediation Advocate is tasked with the
responsibility of tactical decisions in managing a claim or its defence and to
also answer two basic questions;

·
Is
the case suitable for mediation?

·
Is
the case ripe for mediation?

To ascertain precisely when to call for
Alternative Dispute Resolution (ADR), there are a number of questions a
Mediation Advocate must consider and they are as follows;

·
Does
he have enough information about the claim, its defence, any cross claim or
third party entanglement?

·
Do
the parties know and understand the issues being raised by each other?

·
Does
each party at least know its own version of the facts?

·
Does
the Mediation Advocate have a proper understanding of the client’s needs?

·
Is
the potential cost saving such that mediation should be attempted as early as
possible- even before proceedings have been issued?

As mediation processes become more
sophisticated, the Mediation Advocate must consider whether mediation is a better
vehicle for settlement of issues than early neutral assessment or expert
determination or the executive mini-trial and the awareness must be there that
a reference to ADR by the court does not mean mediation or bust.

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.*

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more info –

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The Benefits Of Mediation Over Litigation (iii)| DmediationLawyerist

by Legalnaija | Aug 28, 2017 | Uncategorized

It is usually less expensive than
litigation which goes all the way to judgment.

Mediation provides litigants with a wider
range of solutions than those that are available in litigation; for example, an
apology; an explanation; the continuation of an existing professional or
business relationship perhaps on new terms.

It can create an agreement by one party to
do something without any existing legal obligation to do so.

It is desirable to be able to control the
outcome of the dispute rather than have it imposed upon you, potentially
leaving both parties dissatisfied by the experience.

The absence of a trial not necessarily
wanted by both parties has its advantages; reduced costs, no full trial preparation,
the litigation is not so protracted and the absence of findings of fact that
might subsequently be used by one of the parties.

Generally, there is a very speedy
resolution.

Those interests which are of real
importance to either or both parties will not be obscured by technical or legal
issues advanced by the lawyers within the framework of the litigation.

There may be no real point in trying to
fight a legal principle where the determinative legal issues are already well
settled.

One or both parties may have good reasons
to avoid the publicity which potentially at least is always thrown up by
litigation whether at a local or even national level.

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.*

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What is mediation?

by Legalnaija | Aug 21, 2017 | Uncategorized

Mediation is a
voluntary, non-binding and private dispute resolution process in which a
trained neutral person helps the parties to reach a negotiated settlement.

It has also been
defined as an opportunity to resolve a dispute without resorting to formal
procedure.

A Mediation
Advocate is a lawyer and other professional advocate who represents clients at
mediation.

In most cases,
mediation cannot take place unless the parties agree to enter the process,
although this may only be after a strong judicial recommendation, with an
associated risk of cost sanctions against a party who refuses to mediate and
indeed where the process is justiciable before the Lagos Multi-Door Courthouse
or other MDC, a fine for parties who do not attend the hearing before the ADR
judge to determine the appropriate route.

Mediation is not
possible without the participation of all parties, and will cease if one party
walks out, which they are free to do at any time.

Although refusing
to mediate can have adverse cost consequences, the mediation process is both
“without prejudice” and absolutely confidential to the extent the law permits.

FEATURES OF MEDIATION

a.
It is a flexible process.

b.
It is conducted confidentially.

c.
The Mediator is a neutral person.

d.
The Mediator actively assists parties in working towards a negotiated
agreement.

e.
The parties are in ultimate control of the decision to settle and the
terms of settlement.

f.
It is a voluntary process.

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.*

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