Private lawyer Martin Nwosu advised lawyers to encourage clients seeking justice to use alternative dispute resolution (ADR), especially in appealable cases.
Alternative dispute resolution, or external dispute resolution, generally refers to a wide range of dispute resolution processes and techniques that parties can use to resolve disputes, with the assistance of a third party.
This form of dispute resolution does not encourage the use of litigation or litigation to resolve disputes.
speaking on The law on JoyNewsMr. Nwosu explained that it takes three to six months for people to appear in court after filing a complaint.
However, an ADR process can take days to resolve these cases without the interested parties going through rigorous legal procedures.
“We urge the lawyers that the parties would consult to do their due diligence now. The parties were saying “the lawyer is taking this case to court, I’m sick and tired, I want to punish the other party”.
“But it’s up to the lawyer to tell the client these days that not all cases should go to court. “If I have to take this matter to court after a while, the court will tell me to go to mediation, so why not seek out some of these private mediators.”
He explained that in many cases, the parties can easily resolve their issues if they are able to sit down together, talk and work out their differences to come to a conclusion.
“The resolution (in ADR) is effective, binding and can be enforced through a court process, if the case is admissible, please do not spend time following due process only for the court after six months returns you.”
Mr. Nwosu also noted that while there are several forms of alternative dispute resolution, the easiest to access is customary arbitration.
In customary arbitration, he explained that the parties involved in the dispute need only select a customary arbitrator to arbitrate their dispute negotiations.
This person is often revered by both parties and trusted in their judgement, for example, an Abusuapayin.
“If you look at the law, it is very, very easy for the parties in dispute to appoint a customary arbitrator. In fact, the mere qualification of a customary arbitrator is the person accepted by both parties to help resolve their issue,” Mr. Nwosu said.
“You don’t need a law degree; you don’t need to be a mediator, once the parties have some confidence in you that you can help them, that’s all,” he added.
The private lawyer pointed out that the resolution reached by customary arbitration is binding by law and can be enforced by a court.