What Is Mediation?
Mediation Is One Alternative Way Of Resolving Disputes That Does
Not Involve Litigation. Mediation
Makes Use Of A Neutral Third Party Who Acts As A Mediator. Here,
The Resolution Process Is
Actually Done By The Parties, The Mediator Merely Acting As A
Facilitator.
Are There Any Laws Governing Mediation In Nigeria?
Unlike Arbitration And Conciliation Which Has The ACA, There Is
No Federal Law On Mediation In
Nigeria. However, We Have A Number Of State Laws, Particularly In
Lagos As Well As Provisions
Embedded In The High Court Rules Of Various States Impliedly
Bordering On Mediation.
Thus, We Have The Lagos State Multi-Door Court Law And Practice
Directions As Well As Citizens
Mediation Centre Law.
Additionally, The Lagos HC Civil Procedure Rules As Well As Those
Of Other States Provide That All
Lawyers Are Mandated To Inform Their Clients Of The Alternatives To
Litigation Before Approaching
The Court. One Of These Is Mediation.
Types Of Mediation In Nigeria
Voluntary Mediation
Court-Annexed Mediation. There Are Instances Where The Court May
Foist Mediation On Parties.
Here, Judges In Some Instances May Refer A Matter To The Various
Mediation Channels Such As
The LMDC, LCA Or The Citizens Mediation Centre And Parties Are To
Honour The Referral Or Risk
Being Held In Contempt Of Court.
How Can I Ensure My Business Disputes Are Settled Through Mediation?
To Do This, You Have To Insert A Mediation Clause In Your
Business Contracts. In Other Words,
When Transacting With Your Business Partners, Ensure That The Terms
Of Agreement Entered Into
Includes A Mediation Clause. Where This Is Provided, Parties Can
Ordinarily Meditate Their
Business Disputes.
You Can Also Appoint Institutions To Mediate. The LMDC, Lagos Court
Of Arbitration, Citizens
Mediation Centre Are Few Examples Of Leading Mediation Institutions
In Lagos That Can
Effectively Mediate Your Disputes.
What If My Business Partner(S) Fail To Honour The Mediation Clause?
Due To The Voluntariness Of The Process, A Party To A Mediation
May Withdraw And Refuse To Go
On With The Mediation.
Thus, Unlike Arbitration That's Entirely Legally Binding
Mediation Is Quite Party-Centric And The
Parties Usually Hold The Final Say. Nevertheless, Mediation Is
Generally A Reliable Dispute
Resolution Method And The Pros That Come With It Make It An
Assuring Mode Of Dispute
Resolution.
References
1.
Https://Www.Google.Com/Url?Sa=T&Source=Web&Rct=J&Url=Https://Legalpediaonline.Com/Mediation-
As-A-Tool-For-Resolving-Commercial-Disputes/Amp/&Ved=2ahUKEwjn6enEu8n9AhXKTaQEHcV-
CT4QFnoECA8QBQ&Usg=AOvVaw3ry0qmvBTuy5MOIQb_NkF1 Accessed On
March 7 2023
2. Https://Mediate.Com/The-Growth-Of-Mediation-In-Nigeria/ Accessed
On March 7 2023
Originally published 25 July 2023
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.