“What Is ADR?” & Other Frequently Asked Questions (FAQs)

What is ADR?

ADR is an acronym for the phrase “Alternative Dispute Resolution”. It can simply be defined as a catch-all term used to describe a wide variety of methods in resolving legal disputes often out-of-court. Some of the more popular forms of ADR are Arbitration, Mediation, Negotiation and Conciliation amongst others. However, this questions will deal with Arbitration and Mediation primarily.

What is Mediation?

Mediation refers to a form of alternative dispute resolution (ADR) in which the parties to a lawsuit meet with a neutral third-party in an effort to settle the case.

The third-party is called a mediator. It is this person’s job to listen to the evidence, help the litigants come to understand each other’s viewpoint regarding the controversy, and then facilitate the negotiation of a voluntary resolution to the case.

The Institute, a newly established organ of The ADR Society (UNILAG) holds an annual training programme on Mediation which involves both theoretical aspects of Mediation as well as the practical aspect in the form of mock sessions.

What is Arbitration?

Arbitration is a legal technique for the resolution of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons (the “arbitrators”, “arbiters” or “arbitral tribunal”), by whose decision (the “award”) they agree to be bound.

The Institute also runs an annual training programme on Arbitration.

What is the difference between Mediation, Arbitration and Litigation?

Mediation tends to be a non-binding way of resolving disputes, meaning that unless an agreement is reached between two parties, the mediation itself does not stop a lawsuit from moving forward.

Arbitration is another alternative way of resolving lawsuits, and in some cases, may be required and may be binding on the parties. Arbitration is best thought of as an expedited trial, where the issues and information between the parties are controlled so that litigation costs are reduced. 

Litigation, which occurs before a judge, is where all issues and information are fully laid out to the judge and he decides which party is entitled to “win” the lawsuit.  Litigation is time-consuming and in many jurisdictions worldwide, costly, but do permit a party to have their issues fully considered by the court.  In Nigeria, Litigation is the most utilized dispute resolution process and about 98% of all disputes are settled by Litigation.

Are there circumstances in which ADR would be suitable?

The different forms of ADR have proven to be very useful in many fields. For example, Mediation has proven to be the best method in attempting to resolve family disputes and in other jurisdictions of the world, employment disputes

Arbitration, on the other hand, has proven to be the favoured dispute resolution option by multinationals and corporate bodies as a whole. Most bodies that enter in written contracts have made it a norm to insert an Arbitration Clause in their contracts. This compels the parties to the contract, in the advent of a dispute, to look to Arbitration.

The ADR concepts are relatively new when compared with the Litigation process and in no time, basically, every dispute will be resolved through any of the ADR forms.

Are there circumstances in which ADR would not be suitable?

Basically, ADR would not suitable in Criminal matters or where a dispute has a criminal element. Such matters would be handled mandatorily by the courts.

What are the principal advantages of resolving disputes through any of the ADR forms as opposed to the conventional court system?

Alternative dispute resolution (ADR) procedures offer several advantages. Some of which include:

1. It is usually faster

2. It is relatively cheaper

3. It is more flexible and responsive to the individual needs of the people involved

4. It is more informal

5. The parties’ involvement in the process creates greater commitment to the result so that compliance is more likely

6. The confidential nature of the process

7. Alternative Dispute Resolution is more likely to preserve goodwill or at least not escalate the conflict, which is especially important in situations where there is a continuing relationship

There are, of course, circumstances in which court litigation is preferable to ADR. For example, ADR’s consensual nature makes it less appropriate if one of the two parties is extremely uncooperative, which may occur in the context of an extra-contractual infringement dispute. In addition, a court judgment will be preferable if, in order to clarify its rights, a party seeks to establish a public legal precedent rather than an award that is limited to the relationship between the parties.

How can I guarantee that the society delivers quality at its trainings?

The Alternative Dispute Resolution Society (UNILAG) partners with top law firms, organizations, associations and the likes to ensure the society is kept abreast with the latest ADR-related developments.

We also work really hard make sure our training curriculum and structure is good enough to adequately educate our members. We work hand in hand with our Staff Advisers and Grand Patrons to ensure quality is delivered always.

When does the society the meet, and where is its venue?

The ADR Society meets 2 pm, every Wednesday in the M.I.L.D Room, The Faculty of Law, University of Lagos

Why should I strive to join The ADR Society when I can just join any other one from the plethora of societies in the faculty, and the university?

The ADR Society offers a good number of competitive advantages including:

– Conferring ADR-related knowledge on our members.

– Informing our members of ADR-related opportunities.

– Participation in ADR Competitions: Domestic & International

– Participation in Seminars, Conferences & Workshop

– Certificate Courses e.t.c.

LOL, Oya, how can I get a form?

Entry Forms are available at the beginning of every academic session for NGN 1000. After the form is submitted, applicants would be required to write an Essay and be interviewed after which successful applicants would be admitted into the society.

Compiled by The ADR Society (UNILAG) Blog Team