The Lagos State Judiciary's Multi - Door Courthouse (LMDC) held a one - day workshop on Mediation Advocacy Skills for legal practitioners on Tuesday in Lagos. It was intended to educate lawyers and equip them to be effective in the growing field of Alternative Dispute Resolution. The event set the tone for the promotion of the growth and effective functioning of the justice system through ADR methods.

The Lagos Multi-door Courthouse was established with the sole aim of enhancing access to justice by providing timely and cost effective alternative mechanisms to supplement litigation in the resolution of disputes. However, for any meaningful resolution of disputes, the input of legal practitioners can not be over emphasised.

At a recent workshop organised for lawyers to sharpen their skills in Alternative Dispute Resolution, the Director of the LMDC, Caroline Etuk, speaking on "Mediation Advocacy Skills For Lawyers," informed the gathering that mediation advocacy is gradually gaining ground all over the world.

According to her, mediation is unlike a trial in the court and, therefore, requires a different mindset, adding that mediation makes available the opportunity of a resolution of disputes more than what could be achieved through the courts.

"Mediation is not a trial and therefore requires a different approach. Many people still come to mediation thinking its purpose is to win an argument for their client that reflects the legal merit of the dispute", she added.

She pointed out that mediation advocacy involves a different approach from that adversarial system and it's is making the other side understand your position without pushing them into a corner.

She lamented that negative attitude and the Adversarial training of lawyers as well as ignorance were responsible for low participation of legal practitioners in Alternative Dispute Resolution.

She also dispel the notion that mediation would result in low revenue for lawyers, adding that lawyers involved in mediation would still charge fees.

According to her, resolving disputes through ADR reduces citizen frustration and delay in justice delivery by providing a standard legal framework for the fair and efficient settlement of disputes through Alternative Dispute Resolution (ADR)

She urged participants to take advantage of the Lagos Multi-Door Courthouse (LMDC) being a court-connected Alternative Dispute Resolution (ADR) Centre.

She stated that the mission of the LMDC is to provide enhanced, timely, cost-effective and user-friendly alternatives to litigation in resolving disputes. The "multi-door" refers to the alternative doors for resolving disputes available at the LMDC.

Hence, instead of the traditional "mono-door" of litigation leading to the courtroom, the LMDC has five alternative and supplementary doors or options, by which disputants can resolve their disputes, namely

Speaking on LMDC Law promulgated in 2007, the deputy Director of the Centre Yinka Aroyewun said the law was created to provide a legal framework for the operations of the LMDC and the proper environment for the fulfillment of its overriding objectives.

She added that the distinguishing court -connected feature of the LMDC makes it a vital part of the Judiciary of Lagos State.

According to her section 3(1), the LMDC may apply mediation, arbitration, conciliation, neutral evaluation and any other ADR mechanism in the resolution of such disputes as may from time to time be referred to it from the High Court of Lagos State, Courts of other jurisdictions outside Lagos State, Federal Courts, Private Persons, Corporations, Public Institutions and Dispute Resolution Organisations.

She said section 16 of the law, the role of the courts is to further the cause of ADR and give effect to the overriding objectives of the LMDC; to control and mange effectively proceedings in court; and issue orders which would encourage the adoption of ADR methods in dispute resolution, including the mandatory referral of parties to explore settlement at the LMDC whenever one of he parties to an action is willing to do so.

The role of counsel

"Under section 17 of the Law, Counsel's responsibility is to give due consideration and support to suggestions, orders and directives from the Court for an amicable settlement or referral of on-going matters to the LMDC; to expose clients to alternative methods of dispute resolution; and to explore with them the most appropriate mechanisms in the resolution of matters brought before them.

On the role of disputing parties, she said all parties in a dispute have a responsibility to the LMDC and to the ADR process and are to cooperate with officers of the LMDC in the administration of their dispute.

"They are to consider seriously the adoption of ADR procedures for resolving their claims or issues when encouraged to do so by the court, their counsel or the LMDC.

According to Aroyewun, should disputants refuse or are reluctant to submit to ADR, the law provides that such parties shall be brought before the ADR Judge (a Judge of the High Court of Lagos State, who is appointed by the Chief Judge to act as an ADR Judge), who shall make orders and give directives as may be considered reasonable in the fulfilment of the overriding objectives of the LMDC.

According to her, Section 19 of the law states that settlement agreements which are duly signed by the parties shall be enforceable as a contract between the parties and when such agreements are further endorsed by an ADR Judge, they shall be deemed to be enforceable as a consent judgment of the High Court of Lagos State.

Her words "Another interesting extension of the enforcement provisions of the LMDC Law is section 4(l) (b) which allows terms of settlement and memoranda of understanding reached by other ADR organizations to be filed at the LMDC and endorsed by the ADR Judge to become the consent judgment of the High Court of Lagos State".

The LMDC provides ADR services which are specific and adapted to the parties concerned. These services can be employed in the continuum for outcomes that are appropriate, timely, cost effective and beneficial to the disputing parties. The Multi-door Courthouse law was enacted during the tenure of Justice Adetula Alabi as Chief Judge of Lagos State. In implementing the law, Justice Alabi inaugurated the governing council for the court and also appointed Judges for it.

The law was promulgated in 2007 to create a legal framework for the operations of the LMDC for the fulfilment of its objectives. The distinguishing court - connected feature of the LMDC makes it a vital part of Lagos judiciary. By Section 3 (1), the LMDC apply mediation, arbitration, conciliation, neutral evaluation and other ADR mechanism. The Lagos Multi - Door Courthouse is the first court - connected ADR Centre in Africa.