mediation - Legalnaija

The Lagos Multi-door Courthouse II – Referrals

by Legalnaija | Sep 25, 2017 | Uncategorized

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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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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Is Mediation as expensive as Litigation?

by Legalnaija | Aug 28, 2017 | Uncategorized

A small number of cases are intrinsically
unsuitable for mediation although very experienced Mediators and Mediation
Advocates would say that the following under listed may still be mediated at
some stages of the proceedings;

Where the parties wish the court to
determine issues of law or construction which may be essential to the future
trading relations of the parties, as under an on- going long term contract, or
where the issues are generally important for those participating in a
particular trade or market.

Similarly, where a party wants the court to
resolve a point of law that arises from time to time, and one or more parties
consider that a binding precedent would be useful.

Cases involving allegations of fraud or
other disreputable conduct against an individual or group, which are unlikely
to be successfully mediated because confidence is lacking in the future conduct
of that party.

Cases where injunctive or other relief is
essential to protect the position of a party.

Where a party actually does have a
watertight case, since summary judgment procedure in the court would be
available.

The cost of mediation can be a factor of
particular importance where the sums at stake in the litigation are small.

Mediation can sometimes be as expensive as
a day in court, as the parties will often have legal representation and the
mediator’s fees and other disbursements are usually being borne equally by the
parties regardless of the outcome.

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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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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