THE MEDDLING MEDIATOR by Chinecherem Ubaka

Thomas Belema is the Executive Director of Darocks building company. The company entered into a building contract worth 50million naira with the state government of Lupe. Darocks agreed to import its materials from Jayden companies in Italy based on the recommendation of Briggs their procurement officer. However, upon delivery of the goods, they turned out to be sub-standard. Consequently, they are at loss and Briggs was fired. The government of Lupe have also withheld moneys due to Darocks building company coupled with a threat to commence legal action against them for use of substandard products which led to the collapse of the buildings. In Pursuance to the arbitral clause in their contractual agreement, they have agreed to settle their disputes by way of arbitration. On the other hand, Briggs tendered his complaint of wrongful termination against Darocks to Jaiye Dalton who works with Vishi bon partners. Upon due consideration, Dalton has decided to mediate between Darocks and Briggs. During the caucus session with Darocks, Dalton stated that he had experienced a similar situation with that of Briggs and that Darocks shouldn’t have terminated Briggs employment. On the other hand, in his session with Briggs, he asked him his relationship with Jayden and chided him for recommending Jayden without thorough investigation. In an attempt to defend himself, he stated that Darocks has been dealing with Jayden before the Lupe building contract. Armed with this information, Dalton confronted Darocks, he even went ahead to state that Darocks Legal personnel lacked legal knowledge otherwise he would have known that it is Jayden companies that is liable for breach of contract. As a result, the legal personnel sprang up and slapped Dalton for insulting and accusing him of incompetence. Briggs upon hearing the tumult rushed out of his caucus room into that of Darocks and also slapped the legal personnel….and there was commotion. Even though Jaiye Dalton is yet to acknowledge it…in truth and in fact, he failed.

Mediation is the core of the ADR process. A mediator must

1. Focus the parties on the problem

2. Overcome emotional blockages

3. Help one party understand the other parties case

4. He must be neutral

5. When interviewing the parties, he must deviate from relating his personal experiences.

6. He must ask the right questions.

7. A mediator cannot understand the real interest of the parties without being an active listener.

Jaiye Dalton became a meddling mediator because he failed to internalise and adhere to the rules and principles guiding mediation.