Mediation: A Viable Alternative To Litigation

By WANDOO SOMBO

MEDIATION, a voluntary, confidential process where a neutral third party helps disputing parties reach a mutually acceptable agreement is fast gaining ground in Nigeria as an alternative to costly and time-consuming litigation.

According to the United Nations Guidance for Effective Mediation, it is one of the most effective methods of preventing, managing and resolving conflicts.

“To be effective, however, a mediation process requires more than the appointment of a high-profile individual to act as a third party.

“Antagonists often need to be persuaded of the merits of mediation, and peace processes must be well-supported politically, technically and financially,’’ it said.

Ebere Unegbu, a businesswoman, had an experience that amplifies mediation.

When Unegbu found herself entangled in a ₦100 million commercial dispute with her former partner, her first instinct was to file a lawsuit.

However, after three adjournments in six months, rising legal fees, and no resolution in sight, she was advised to try mediation.

“I was frustrated with the court process, the delays were draining, and we were spending more money fighting than we did starting the business.

“Mediation saved us time, money, and, surprisingly, our relationship,” she said.

To buttress the importance and effectiveness of mediation, the Abuja branch of the Institute of Chartered Mediators and Conciliators (ICMC) dedicated one whole week to talk about it.

Tagged the Settlement Week, ICMC said it sought to promote peace and conflict resolution through mediation.

It was organised in collaboration with the Abuja Multi-Door Courthouse (AMDC) with the theme, “Promoting Peace. Encouraging Mediation. Delivering Justice.”

The Chairperson of the Abuja Settlement Week Steering Committee, Mrs. Mirlam Kombo-Ezeh, said that the programme was a flagship initiative to bring together mediators, legal professionals, institutions and the public to resolve disputes through mediation.

“Mediation is a faster, more affordable, and confidential alternative to litigation.

“This is more than an event; it is a movement towards institutionalising peace in how we handle conflict.

“Mediation offers an effective pathway to justice without confrontation,” she said.

The week-long event offered free as well as subsidised mediation sessions for family, workplace, land and commercial disputes as well as deployment of trained neutrals for court-referred and walk-in cases.

It also showcased awareness activities to educate the public on the benefits of mediation.

To show how gradually, Nigerians are embracing mediation, Hope Pankyes, a fashion entrepreneur in Jos, said that mediation meant keeping her small business afloat.

“I run my business from home and my landlord and I had a bitter dispute over rent increase in November last year.

“Going to court would have taken months or even years but through mediation, we reached a compromise in just two sessions.”

Pankyes said the process restored communication and allowed both her and her landlord to walk away feeling heard.

“It was not about winning or losing; it was about finding a solution we could both live with,” Pankyes said.

Even legal professionals are seeing the shift from litigation to mediation.

A Makurdi-based lawyer, Mr. Kefas Ajogo, said that he had been handling litigation for more than 20 years, adding that mediation was a key part of his practice.

“There is a growing recognition that not every dispute belongs in court especially in commercial, family, and property matters.

“Mediation allows clients to retain control over outcomes and avoid the unpredictability of court rulings.’’

According to Ajogo, judges now encourage mediation more actively.

“In many jurisdictions, courts are overwhelmed; judges often refer parties to mediation first, knowing that a resolution there means one less case on the docket,” he said.

Worthy of note, while mediation is not suitable for every situation, especially where criminal conduct or constitutional rights are involved, it offers clear advantages where parties are willing to talk.

Mediators like Mrs. Mary Tar say that emotional and financial costs are often lower in mediation.

“In litigation, people fight for years and still leave unsatisfied but in mediation, they are part of the solution and this changes everything.”

Tar recalled a case between three brothers fighting over their late father’s property.

“The case was already in court, and the family was falling apart.

“Their mother came to me to intervene and I did with the help of other colleagues.

“After just three mediation sessions, they reached a settlement and even hugged in the end; this does not happen in courtrooms,” she said.

Nonetheless, a Lagos-based Lawyer, Mr. Spurgeon Ataene, urged government to give adequate backing to the Alternative Dispute Resolution (ADR) mechanism to enhance effectiveness of the process.

Ataene said that the ADR technique, as presently constituted, was perceived by litigants as a “toothless bulldog”.

He said there was need for a redress.

According to him, ADR, which ought to be seen as the “golden rule” of legal practice, is sadly relegated, as not much is done to give it the potency it deserves.

He urged lawyers to inculcate ADR in all legal instruments with a binding effect, as being the first step to according it the requisite recognition.

“For now, the ADR as constituted, is like a ‘toothless bulldog’, and to interrogate this exercise, is to lay bare its operations first.

“The courts must look at a matter and find the necessity to send it for mediation.

“In tenancy matters, lawyers are enjoined to insert mediation clauses into agreements for their clients; this will minimise the length of time taken to resolve disputes.

“Parties should take advantage of ADR from the onset, by inculcating it in their agreements and transactions generally and equally express an intention to be bound by it.

“Parties, who ignore the letters of the agreement and proceed to court without first seeking ADR, should be reminded by the adverse party or by the court, if such documents are before it.”

According to the legal practitioner, many instances exist where parties are called for mediation to seek to resolve a conflict, but they choose to opt out, preferring to wait for the courts.

Ataene said that to this extent, it behoved the government of each state to send a bill giving impetus to the ADR office, mediation, and conciliation agency, to ensure attendance of the parties invited.

“I consider this as being a desideratum for early resolution of such conflicts and spelling out penalties for disobedience to such summons, which can be in the nature of fines, or as deemed fit by the body.

“Again, it is instructive that it be made compulsory for continuing legal education, for every branch of the NBA in conjunction with the courts, to set aside one week of free legal education on ADR,” he said.

Ataene said that such knowledge would impact positively on members of the bar and by extension the society at large.

As awareness grows, more Nigerians are beginning to see mediation not as a second-class option, but as a first resort, especially in commercial, family, and tenancy disputes.

It is interesting to note that Section 17 of the Federal High Court Act promotes out of court settlement.

Legal experts agree that with the right education and enough awareness, more Nigerians will come to realise that the court is the last stop and not the first.

(NAN)