ALTERNATIVE DISPUTE RESOLUTION

ALTERNATIVE DISPUTE RESOLUTION(ADR).

By way of introduction,Alternative dispute resolution(hereinafter refered to as ADR),also known as the non-adjudicatory method of dispute resolution, is a method of settling or resolving disputes without involving the us of formal settings like the law courts.

In modern legal societies, the need for ADR has continued to grow day by day.Some of the cases in the trial courts take about five years at the earliest.The same case, when it proceeds to the Court of appeal might take another five years, and when it finally gets to the supreme court, just add another six years, and the need for ADR readily comes to mind.

ADR does not involve the appearance of the parties before formal institutions or authorities, calling of witnesses, finding of evidence, and apportionment of blame.Although the process may not be carried out in formal institutions like the law courts, the law recognizes this method and lays down rules for it’s operations.There are four(4) main forms of ADR methods of dispute resolution, and they will be briefly examined below:

l  Reconciliation:This is a process whereby the parties to a dispute confer with each other and reach an agreement on how to restore harmony and cordiality in their relationship.Here, the only parties to the reconciliation are the disputing parties themselves.

l  Conciliation:This form involves the effort of a third party as an intermediary.The main difference between conciliation and reconciliation lies in the number of parties involved.

l  Mediation:Here, the third party called the “mediator” rarely inquires into the facts of the case and does not attempt to apportion blame.Rather, he seeks to provide an acceptable formula for compromise and harmonious co-existence between the parties.The disputants are then left to decide whether they accept the suggestions or not.

l  Arbitration:Here, the third party known as an “arbitrator” probes into the fact of the case in a fair detail and renders a decision on merit.This is the only form in which the intermediary decides the dispute before him.The arbitrator determines who is right or wrong.The decision given by an arbitrator is called an “award”.

ADVANTAGES OF ADR

1) It saves time and avoids the delays and uncertainties of courtroom litigation.

2) It avoids the “win-lose” character of the litigation methods which could negatively affect future harmony between the parties.

3) It enables the parties to control their own fate rather than relinquishing the power to decide their rights to an adjudicator.

4) In arbitration proceedings, the arbitrator is an independent professional who has technical knowledge of the matter at hand.

                                                DISADVANTAGES OF ADR

1) There could be instances whereby decisions reached are subject to the over-riding powers of the court.For instance, the courts have an inherent jurisdiction to set aside an award where there is an error as to law.

2) There is no room for consolidation of actions.That is, it is not possible to bring multi-party disputes together because resort to ADR is a volyntary agreement between parties and parties cannot be compelled to submit to it.

In conclusion, ADR has recently gained popularity globally.The United Kingdom has really embraced ADR that the Court of Appeal in the country awards punitive costs against litigants who do not seek this alternative first before coming to the regular courts.Law firms in Nigeria have also started creating ADR departments in their firms.