Guardian

THERE were strong indications Wednesday that lawyers, who ply their trades in Lagos State may have to contend with mandatory Alternative Dispute Resolution (ADR) initiatives being promoted by the state’s judiciary this New Year.

This was sequel to the start of full commencement of the new High Court of Lagos State (Civil Procedure) Rule 2012, signed by the State’s Chief Judge, Justice Ayotunde Phillips.

Justice Phillips had in exercise of the powers conferred on her as contained in section 89(1) of the High Court Law Cap H3 Lagos of Lagos state 2003 as amended by High Court (Amendment Law) 2012 made the law effective from Monday December 31, 2012.

The new rules require parties to comply with certain pre-action protocols as part of new originating process requirements.

Under these pre-action protocols, lawyers and litigants are mandated to first explore Alternative Dispute Resolution (ADR) for resolution of disputes to be brought before the court.

Such originating processes filed in court would be screened for suitability for ADR.

The Guardian learnt from this year that it is only when the ADR fails that such matters would go into litigation.

According to the new rules, suitable matters are to enter the ADR track to the Lagos Multi-Door Courthouse (LMDC) or other appropriate ADR institution.

Such appropriate ADR processes include consultation, arbitration and reconciliation.

Where reconciliation is achieved, settlements would be entered as consent judgment of High Court of Lagos State.

But where reconciliation fails, matters would enter into litigation track in the courts.