Litigation, A Snail In The Complex Street; Way Out –By  Bello Abdulsobur Olalekan           

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In the contemporary world we are, litigation atimes doesn’t solve or mediate to the problem of the litigants or parties perhaps aggrieved party simply because of how slow it is by nature or time consuming.

 

 

What do we mean by litigation in a legal parlance or context? well, the word might sound strange to laymen. Litigation can be defined as legal action taken against a party before a competent court of law. In addition, it is a medium of settling a crisis before a court of law. Note that, where parties resolves to litigation,  it is advisable to hire a lawyer in civil cases while its mandatory in criminal cases. section 36(6) of 1999 of the constitution.

As student of law, i do not actually subscribe to the concept of  litigation because of this salient reason.

TIME WASTING: Litigation wastes a lot of time not only in criminal matter(s) but also in civil matter(s). It wastes time in the sense that or take for instance, where an aggrieved party sue another party for dissolution of  marriage or in a  viral land matter case which needs urgent attention to might take lengthy time before the case in question is determined or decided by the competent court. Perhaps the lengthy time could be spent within the parameter of the court of first instance. In corroboration of my assertion, there was a case handled by a lawyer in ilorin, the case started around 2008 and ended 2019. 11years down the line, some of the nominal parties didn’t live up to see  judgement or get justice. Note that the 11-year-old case could be appealed, well, only God knows when the matter will end, perhaps another 11 years again at court of appeal also only God knows who would be alive to witness the judgement of the appeal court.

Furthermore, another pivotal example to look is a case of a young girl that was murdered in 1964 in pennsylavania and later got justice in 2022. 1964-2022, 57years to get justice. Apparently, the victim if not the party or the accused person might not even be alive. Then where is justice assuming the accused person died during the process? Justice delayed is justice denied

In view of this, ADR could be set in place for litigation that is to say party in suit although in civil case can subscribe for ADR rather than full litigation because it saves time, energy and resources infact its a win-win situation

What is ADR (Alternate Dispute Resolution) 

Alternative Dispute Resolution (ADR) as the name connotes, is an alternate means of resolving disputes as opposed to the traditional routine of going to Court for the sole purpose of settling disputes.

According to Dr. Orojo;

“The term Alternative Dispute Resolution is used generally to describe the method and procedures used in resolving disputes either as alternatives to traditional dispute resolution mechanism of the court or some cases supplementary to such mechanism”

In Halsey v Milton Keynes General NHS Trust ,Justice Dyson defined ADR as;

“A collective description of methods of resolving dispute otherwise than the normal trial process”

what are the mechanisma of ADR?

1 NEGOTIATION

  1. MEDIATION

3 ARBITRATION

4 CONCILIATION

   Authorities

1: A.F. Adenekan,Esq;Negative Perception and Attitude of Lawyers or Parties’ Representatives · Lack of Awareness on the Subject · Non-binding nature of ADR

  1. 1999 constitution of Federal Republic of Nigeria
  2. DR. OROJO

 

This piece is written by BELLO ABDULSOBUR OLALEKAN; A STUDENT OF BAYERO UNIVERSITY KANO

olabobo85@gmail.com

08133777266 or 09077178036

 



Call Bridget Edokwe Esq on 08060798767 or send your email to ngbarrister@gmail.com


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