LAW IN PRACTICE (ETHICS AND SKILLS)

UNIT 13

  • NEGOTIATION
  • MEDIATION
  • MULTI-DOOR COURT HOUSES

NEGOTIATION

Negotiation is a voluntary and informal process where parties in a dispute communicate directly to reach a mutually acceptable agreement. It is often the first step in dispute resolution and can occur before or during formal proceedings. In Nigeria, negotiation is not governed by a specific statute but is recognized within the framework of the arbitration and conciliation act, Cap A18, laws of the federation of Nigeria 2004. See section 5 of the act which encourages parties to consider amicable settlements before proceeding to arbitration and see also the case of Adebayo v. Adebayo (2005) 11 NWLR (Pt. 935) 322 where the court emphasized the importance of negotiation in resolving family disputes, noting that amicable settlements are preferable to litigation. The principles of negotiation includes the following:

  1. Interest-based negotiation: this focus on the underlying interests of parties rather than their positions. This approach helps in finding creative solutions.
  2. Preparation: Thorough preparation is crucial. Parties should understand their goals, interests, and the context of the negotiation.
  3. Effective communication: Clear and respectful communication fosters a conducive environment for negotiation.

MEDIATION

Mediation is a structured process where a neutral third party known as the mediator assists disputing parties in reaching an agreement. Unlike negotiation, mediation involves a facilitator who helps manage the discussion and promotes understanding. Mediation in Nigeria is largely guided by the Nigerian alternative dispute resolution (ADR) framework, which includes the arbitration and conciliation act. See section 18 of the act which allows for mediation as a means of resolving disputes, and the practice has been further encouraged by the national industrial court act, 2006 and also see the case of Ogunleye v. Iroko (2012) LPELR-19776(CA) where the court of appeal highlighted the effectiveness of mediation in reducing court congestion and promoting amicable resolutions. The principles of mediation includes the following:

  1. Voluntariness: Participation in mediation is voluntary, and parties can withdraw at any time.
  2. Confidentiality: Communications during mediation are confidential and cannot be disclosed in subsequent proceedings. See section 22 of the arbitration and conciliation act.
  3. Neutrality: The mediator must remain impartial and facilitate dialogue without imposing solutions.

MULTI-DOOR COURT HOUSES

Multi-door court houses (MDCH) provide various dispute resolution options, including negotiation, mediation, and arbitration, all within a single facility. The concept aims to streamline access to justice and offer tailored solutions to different types of disputes. The establishment of multi-door court houses in Nigeria is supported by the Nigerian judiciary policy and is operational in various states, including Lagos and Abuja. The Lagos state multi-door courthouse law 2007 is a significant statute that provides the legal basis for the operation of MDCH in Lagos state. See also the case of Abia State v. ACB Ltd (2014) LPELR-22083(CA) where the court recognized the relevance of MDCH in promoting alternative dispute resolution mechanisms, underscoring the importance of efficiency in resolving commercial disputes. MDCHs aim is to:

  1. Provide accessibility: this is to facilitate easy access to various dispute resolution mechanisms.
  2. Reduce court congestion: this is to alleviate the burden on traditional courts by redirecting cases to appropriate forums.
  3. Promote speedy resolutions: this is to encourage quicker resolutions through efficient case management.

CONCLUSION

Negotiation, mediation, and multi-door court houses are integral to the Nigerian legal landscape, promoting alternative dispute resolution and enhancing access to justice. These mechanisms provide parties with the flexibility and autonomy to resolve disputes amicably, contributing to a more efficient legal system. By emphasizing these processes, Nigeria aligns itself with global best practices in dispute resolution, ultimately fostering a more amicable society.