Our attention has been drawn to the publication in page 14 of The PUNCH of Thursday, March 25, 2021, titled, ‘And the door closed at Lagos Court!’. We wish to use this opportunity, therefore, to correct the erroneous impression created about the Lagos Multi-Door Courthouse in the said publication authored by Mr Dapo Onabanjo.
The writer of the article filed the matter at the LMDC on February 27, 2018 for an amicable resolution of the dispute through mediation and the matter was resolved expeditiously in two sessions on April 11, 2018 and April 18, 2018 respectively.
At the last session which held on April 18, 2018, parties signed the Terms of Settlement which was subsequently sent to the court for endorsement as a consent judgement. Parties were required to follow up with the necessary endorsement (the adoption of the Terms of Settlement as Consent Judgment) and enforcement procedures at the High Court of Lagos.
We note that the writer acknowledged that the LMDC was responsible for the expeditious resolution of the dispute under reference. Consequently, the writer’s assertion that “Justice has been locked against me in the Lagos Multi-Door Court House” is a gross misrepresentation of the true facts as the LMDC adequately facilitated the resolution of the dispute under reference. It is obvious that the writer does not understand the jurisdiction, objectives and processes of the LMDC.
The LMDC is the first court-connected Alternative Dispute Resolution Centre established to apply ADR Mechanisms, assist disputants in the resolution of their disputes and act as administrators in the conduct of ADR proceedings locally and internationally. The LMDC works with parties to ensure that all requisite documents are forwarded to the High Court for endorsement and enforcement. However, all endorsement and enforcement procedures take place at the High Court of Lagos. Consequently, the LMDC does not have the jurisdiction nor the power to endorse Terms of Settlement (ToS) as Consent Judgement neither does it have the power to enforce a Consent Judgment.
In view of the above explanation on the Jurisdiction of the LMDC, the allegation of the writer that, “The case file is lodged somewhere in the vault of the Lagos Multi-door House probably gathering dust. Neither my lawyer nor I could access it, tried as we did!” is a misrepresentation of the true situation. The file of the case under reference is not at the LMDC but was forwarded to the High Court of Lagos by the LMDC for endorsement and enforcement after the ToS was signed by the parties.
Matters are referred to the LMDC either from the Court or through a Walk-In Matter (where any party to a dispute may initiate Mediation, Arbitration or any other ADR service by approaching the LMDC directly)
The ADR process comprises five major stages:
The Initiating Stage (the filing of a request to initiate the ADR process).
The Intake Screening Stage (screening of the case of both Applicant and Respondent to determine the appropriate ADR Door).
The Pre-Session Stage where parties are acquainted with the procedure and commit to the process by signing relevant confidentiality and other agreements. A Mediator is appointed to facilitate the session at this stage.
The ADR Session Stage where the process commences.
The Closure Stage (the final process where there is either a settlement, an award or the adoption of other hybrid processes).
A mediator is an impartial, neutral ADR expert who acts as a catalyst between opposing interests to reach a mutual agreement. The outcome of mediation is strictly determined by the parties. In the case under reference, the mediator successfully guided parties towards settlement and Terms of Settlement were signed.
Contrary to the assertion of the writer that “Indeed, on April 18, 2018, the magistrate ruled in my favour since the company only disputed the amount it was owing me and we mutually agreed on an amount which should be paid in instalments within five months”, Magistrates do make rulings on matters at the LMDC rather an appointed and qualified neutral facilitates the Mediation Sessions. Consequently, it is impossible for a Mediator to rule on a matter as that is strictly the prerogative of the Courts.
The LMDC as the first court-connected Alternative Dispute Resolution Centre in Africa is renowned for providing ADR services and access to Justice in a user friendly, timely and cost effective manner. The LMDC also contributes actively to court decongestion and is conscientious in promoting its core objectives which include enhancing access to justice by providing alternative mechanisms to supplement litigation in the resolution of disputes, minimising citizen frustration and delays in justice delivery by providing a standard legal framework for the fair and efficient settlement of disputes through the ADR, being the focal point for the promotion of the ADR in Lagos State and promoting the growth and effective functioning of the justice system through ADR methods.
Mrs Adeyinka Aroyewun
Director, Lagos Multi-Door Courthouse.
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