Legal experts have called on Nigerians, especially lawyers and disputing parties, to prioritise dialogue-based mechanisms such as mediation and arbitration over litigation when resolving disputes.
The appeal came to the fore yesterday in Abuja during the signing of a Memorandum of Understanding between the Mediation Training Institute (MTI) and the International Law Association (ILA), aimed at promoting the use of Alternative Dispute Resolution (ADR) across the country.
The agreement was for the organisations to jointly promote ADR, International Law and Diplomacy across Africa. Secretary-General of ILA (Nigeria), Clement Osuya, noted that while litigation has its place in justice delivery, ADR often achieves faster, less adversarial outcomes, and helps preserve relationships.
He said ADR offers a win-win solution for all parties, unlike the traditional court system.
His words: “Lawyers are ministers in the temple of justice. They promote the rule of law. If a lawyer is briefed to go to court, his duty is to analyse the case. If he feels it is necessary to proceed to court, it is within his professional prerogative to do so.
“But in Nigeria, many lawyers are also arbitrators. Many are also mediators. In fact, you don’t even need to be formally trained to become a mediator.
“So, in Nigeria, you find that a lot of lawyers encourage their clients or parties to explore other ways to settle disputes. This does not stop lawyers from receiving their professional fees. The ultimate goal is that the issues are resolved and the parties are happy.”
Also speaking, the President of the Mediation Training Institute, Olusegun Ogunyanwo, stressed that ADR creates a win-win platform for all parties.
“There’s no winner, no loser. Everyone wins, and in a way, everyone loses. ADR is one of the best mechanisms introduced into the global judicial system, including Nigeria’s,” he said.