Judiciary
A Lagos-based Lawyer, Mr Spurgeon Ataene, on Thursday urged government to give adequate backing to the Alternative Dispute Resolution (ADR) mechanism to enhance effectiveness of the process.
Ataene told the News Agency of Nigeria (NAN) in Lagos that the ADR technique, as presently constituted, was perceived by litigants as a “toothless bulldog”, noting that there was the need for a redress.
According to him, ADR, which ought to be seen as the “golden rule” of legal practice, is sadly relegated, as not much is done to give it the potency it deserves.
He, consequently, urged lawyers to inculcate ADR in all legal instruments with a binding effect, as being the first step to according it the requisite recognition.
“For now, the ADR as constituted, is like a ‘toothless bulldog’, and to interrogate this exercise, is to lay bare its operations first.
“The courts must look at a matter and find the necessity to send it for mediation.
“In tenancy matters, lawyers are enjoined to insert mediation clauses into agreements for their clients; this will minimise the length of time taken to resolve disputes.
“Parties should take advantage of ADR from the onset, by inculcating it in their agreements and transactions generally, and equally express an intention to be bound by it.
“Parties who ignore the letters of the agreement and proceed to court without first seeking ADR, should be reminded by the adverse party or by the court, if such documents are before it,” Ataene said.
According to the lawyer, many instances exist where parties are called for mediation to seek to resolve a conflict, but they choose to opt out, preferring to wait for the courts.
Ataene said that to this extent, it behoved the government of each state to send a bill giving impetus to the ADR office, mediation, and conciliation agency, to ensure attendance of the parties invited.
“I consider this as being a desideratum for early resolution of such conflicts and spelling out penalties for disobedience to such summons, which can be in the nature of fines, or as deemed fit by the body.
“Again, it is instructive that it be made compulsory for continuing legal education, for every branch of the NBA in conjunction with the courts, to set aside one week of free legal education on ADR,” he said.
The lawyer noted that this knowledge would impact positively on members of the bar and by extension the society at large. (NAN)
9th January, 2025.
C.E.
Tags: Spurgeon Ataene
