THINKING LITIGATION? HERE’S WHY YOU SHOULD THINK ADR INSTEAD. A basic guide to ADR by Shalom Ayambem

For many people, litigation is the way forward when it comes to dealing with disputes and resolving them. Litigation is the process of taking issues to court for the court of law to decide. However, there has been a massive wave which has become increasingly popular over recent times. This wave is known as Alternative Dispute Resolution (ADR). Alternative Dispute Resolution (ADR) refers to any method of solving disputes outside the courtroom. In this process (although not all processes, example given, negotiation), a neutral third party listens to both sides, facilitates the proceedings and makes a decision based on the facts and circumstances surrounding the issue. It is a flexible and easy method of dispute resolution and can come in various disputes. Few examples are family disputes, intellectual property disputes, employment disputes, business disputes, landlord/tenant disputes and many more. From the above, Alternative Dispute Resolution can come in vast situations. It should be noted however, that ADR cannot come in when it comes to criminal issues and a crime is against the state and not the individual. ADR also has various mechanisms such as: negotiation, mediation, arbitration and conciliation. Negotiation is quite a flexible type of ADR. Here, the presence of a neutral third party is not necessarily important as the parties just have discussions within themselves to reach a favourable and mutual agreement. Mediation is also a flexible mechanism as the parties are free to accept or reject a settlement from the mediator. It involves the opposing parties and a mediator. The mediator is one who is trained and has been accordingly accredited in facilitation and dispute resolution. Furthermore, conciliation is also a flexible method of ADR. Here, the parties appoint a conciliator to help in resolving the issue by reducing tension and uneasiness, promoting effective communication. He may meet with the parties together and separately. It is worthy to note that The Arbitration and Conciliation Act 1988, is the existing law on arbitration and conciliation in Nigeria till date. Arbitration is the complex mechanism of ADR. It could be seen as the most similar to a court proceeding. It is headed by an arbitrator or an arbitral tribunal which oversees the process of the arbitration and gives an award (a decision) accordingly. It involves presenting of evidence and statement of facts. Going through the discussion above, you might be thinking, “so what’s in it for me if I decide to go for litigation instead of ADR?” Well, I’m here to give you all of that right now. Firstly, ADR is very much cost effective. The money that would go to court fees, attorney fees, and other fees, merely half or less of it would be used for a complete session under ADR (maybe slightly hyperbolic) Secondly, ADR is highly time effective. In Nigeria the courts are fully booked, busy and congested. Going to court would only greatly take time and as the saying goes, time = money if not greater than. So, save that money and think smart. Think ADR. Also, ADR helps preserve long lasting relationships. Going to court can get pretty nasty as all these dirty facts and secrets are being dug up which can destroy relationships in the long run and after the case is over, you’re left with the side effect of a non existent relationship. In ADR, you’re the winner with no side effects. ADR works on solving disputes amicably while preserving relationships so it’s a huge win-win. Furthermore, the ADR process is fully confidential and all your secrets are safe. Unlike the court process which is open to the general public, the ADR process is confidential enough for your convenience. Lastly out of the many benefits of ADR, it is fully party driven which means, the parties have the power to makes decisions in most aspects of the proceedings. For example, the language to be used, the choice of law, the number of neutral parties deciding are all decisions that could be taken by the parties. In conclusion, if it is a matter that can be handled by ADR then why are you still thinking about litigation? Save yourself the stress and think smart. Think Alternative Dispute Resolution today. ADR is making serious waves currently and friendly advice, please hop on that wave.