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| Alternative Dispute Resolution a key to peace without leaving marks of enmity |
Alternative Disputes Resolution (ADR) enable parties to resolve
conflict, disputes without leaving marks of hatred. Disputes can be resolved without
leaving marks of enmity.
ADR the Why do human being, organization,
nations war against nation, wife and husband war against one another and men choose
conflict instead of peace through ADR amicable settlement?
Conflict breeds long lasting loss of
confidence and trust and breed offspring of enmity instead of mutual respect,
love and long lasting fiduciary relationship friendship?
Why do men desire to enter the witness
box and accuse box respectively in the court room instead of the round table
fill with cutleries and succulent mouth watering meals?
With ADR special instrument apparatus to dish out your meal on the round table according to your test, appetite and garnish meal with all the assorted mechanism like Arbitration, Negotiation, Conciliation and Mediation, disputing parties can sit round a table and talk their differences over a bottle of wine.
With ADR special instrument apparatus to dish out your meal on the round table according to your test, appetite and garnish meal with all the assorted mechanism like Arbitration, Negotiation, Conciliation and Mediation, disputing parties can sit round a table and talk their differences over a bottle of wine.
At the round table all parties are
firstly bound to frown but one cannot frown while eating it means that a lot
will be peacefully achieved when both parties eat on the same round table and
with never be “us against the problem” rather than “you against me”.
Indeed we are better off when we arrive at solutions ourselves rather than a solution or judgment being imposed on us. Then we can leave the negotiating table with a feeling of cordial respect, integrity and honor for mutual success dispute resolution victory.
Indeed we are better off when we arrive at solutions ourselves rather than a solution or judgment being imposed on us. Then we can leave the negotiating table with a feeling of cordial respect, integrity and honor for mutual success dispute resolution victory.
Apart from the unhealthy feelings that
adjudication breeds, the court process is generally slow with its attendant
technicalities not like the usual cases instituted over 5 years ago are still
pending in court and relationship, business and parties dying before final
adjudication of the matter in court.
Sometime some cases abandoned in the
court by both disputing parties and or court official reluctant to reassign to
a judge or new judge. More often than not, when judgment is obtained, the
monetary value of the claim must have depreciated compared to the time the
cause of action arose. What a fiasco.
In the long run, adjudication is
expensive considering the huge sums paid to lawyers for each court appearance
and attendance to matter.
Conflicting parties are display for
the court spectators to watch conflicting parties argued their case because court
sittings are public and usually, parties conceal a lot of details that would
have been material in the determination of the case.
ADR processes by their nature, deal
with disputes with greater speed and efficiency. An arbitration or mediation
process could be concluded within 2 weeks. All it takes is to hold sittings
every day if the parties so desire and in the long run, it is cost effective.
The process of ADR is voluntary and private, thus parties come with sincerity and openness. Parties are encouraged to suggest solutions themselves instead of imposing a decision or judgment on them.
The process of ADR is voluntary and private, thus parties come with sincerity and openness. Parties are encouraged to suggest solutions themselves instead of imposing a decision or judgment on them.
Our legal system and practice is
evolving. Alternative Dispute Resolution [ADR] lawyers are on the increasing.
Our courts rooms are embrace ADR through the Multi Door Court Houses and
pre-trial conference procedure.
Practice and Court Rules are being developed on regular basis to ensure that parties adopt ADR first before litigation and a lawyer advice disputing parties to seek ADR before proceeding to court room.
Practice and Court Rules are being developed on regular basis to ensure that parties adopt ADR first before litigation and a lawyer advice disputing parties to seek ADR before proceeding to court room.
By Bolaji David Ogungbemi.
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