The NICN ADR Centre Instrument & Rules provides for another unique feature in being the first ADR instrument to address the significant issue of Counsel’s Fess. Overtime, one of the perceived grounds for reluctance of Counsel to embrace ADR is the fear that ADR represents Acute Drop in Revenue, as Counsel are often victims of antics of Client’s belief that lawyers are not entitled to considerable fees without involving in protracted litigation.

Art.7 recognizes the Counsel’s entitlement to his/her fees in matters settled at the ADR Centre. It provides: “Notwithstanding anything to the contrary contained in this Instrument, the referral of a matter from the Court to the Centre shall be without prejudice to the payment of any professional fees agreed upon between the parties and their respective Counsel”.

Counsel can always take advantage of this provision to strengthen the Agreement for Professional Fees by incorporating it as a Clause in the Terms of Settlement, which is binding on the parties pursuant to Art.5 (30) of the Instrument and enforced also as a Judgment of the Court.

Conclusion:

A concerted effort has been exerted in bringing to bear the innovative provisions of the National Industrial Court of Nigeria (NICN)’s Alternative Dispute Resolution (ADR) Centre Instrument & Rules 2015, which sets out the legal framework for establishment and operation of the NICN ADR Centre operating in six Judicial Divisions in States located in six geo-political zones of Nigeria. The unique features of the provisions of the Instrument& Rules have been highlighted to showcase the Centre as different from the regular Multi-Door Court House (MDCH) system, pioneered by the Lagos State Judiciary and now replicated in the High Court of the Federal Capital Territory (FCT) Abuja, as well as several States High Courts in Nigeria.

There is no doubt that with the timely inauguration and overt support of the leadership of the Court, the NICN ADR Centre is well positioned to discharge the mandate of the Court in contributing towards ensuring harmonious industrial relations for the Nation’ socio-economic development and growth.

Ogbuanya is an ADR Trainer and Senior Lecturer with the Nigerian Law School.