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

A Mediation
Advocate is a lawyer and other professional advocate who represents clients at
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.
It is a flexible process.
It is conducted confidentially.
The Mediator is a neutral person.
The Mediator actively assists parties in working towards a negotiated
The parties are in ultimate control of the decision to settle and the
terms of settlement.
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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