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INSTITUTIONALISING ALTERNATIVE DISPUTE RESOLUTION IN THE PUBLIC DISPUTE RESOLUTION SPECTRA IN NIGERIA THROUGH LAW: THE LAGOS MULTI DOOR COURT HOUSE APPROACH



Author(s)

Alero Akeredolu

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DOI:10.17265/1548-6605/2015.01.007

Although modern forms of Alternative Dispute Resolution (ADR) had existed in the private sector in Nigeria, it was first introduced into the Public Justice sector through the establishment of the Lagos Multi Door Court House (LMDC) in 2002. Considering the many advantages and potentials of ADR and Court-connected ADR (CCADR), other states in the Nigeria have sought to integrate or implement CCADR. This paper examined the challenges involved in integrating/mainstreaming ADR into the Civil System of Administration of Justice in Nigeria, using the LMDC as a case study and proffering probable solutions to the same. The paper identified some of the challenges to include the lack of a national policy on ADR and CCADR; absence of legislation; under capacity/resources; voluntariness of participation and bad faith participation and cost effectiveness/funding. These challenges were surmounted by the LMDC and this paper showed cases the approaches adopted by the court to overcome these challenges. In particular, it highlights how the promulgation of the LMDC law enhanced participation as it established a legal framework for its operations. The paper also discussed other relevant enactments such as the Lagos State High Court law, the Lagos State High Court (Civil Procedure) Rules, and the LMDC Mediation and Arbitration Practice Directions.

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