Episode 1: Is Alternative Dispute Resolution (ADR) an Offspring of the traditional African method of settling a dispute?
The first-ever episode segment of Expert Views on ADR (EVA) podcast kicked off yesterday! Thus I had the privilege to discuss with Kenneth Joshua, a renowned legal practitioner in Lagos-Nigeria on the overview of Alternative Dispute Resolution (ADR), the differences and similarities between the present ADR and the Traditional Africa method of settling dispute (TAMSD). We went on to discuss the development of ADR in Africa and how the Multi-door courthouse can be recognized as not only an option but also possibly the first means of settling a dispute at a cheaper rate and efficient manner.
The Aim of the Podcast:
By and large, Expert Views on Alternative Dispute Resolution (EVA) podcast is centred on the blogger’s thesis research objective, which is on the awareness of the Lagos Multi-Door Courthouse (LMDC) / Alternative Dispute Research (ADR) and its impact on other states, In particular, Enugu state Multi-Door Courthouse (ESMDC). ADR / MDC are at the forefront of drastic sensitization and development, particularly Africa. Thus, this blogger wants to be a part of this sensitization, particularly enlightening disputants/litigants who are yet to use this process. Hence I will invite key speakers (Experts in ADR / MDC) from the African continent and other continents every weekend to state or share their views on the benefits of ADR / MDC to get more and more users to embrace and pursue a career in ADR.
It is pertinent to point out that I am the host, super excited to achieve this milestone!
Significance of the Podcast:
This podcast thus far has been able to simplify ADR for potential users to be fully aware that Litigation is not the only option, that there are other alternatives. Moreso, for the users and non-users of ADR, to recognise the inherent pros and cons associated with this process and why it is important to opt for it for certain types of disputes.
For all intents and purposes, Kenneth and I are of the view that the Traditional method of settling a dispute in Africa (TAMSD) and the present ADR seeks to achieve the same purposes. However, they may vary depending on the circumstances of each dispute presented before it. However, both processes of dispute resolutions target to restore relative peace, harmony, fairness and eliminate rancour of any form between the disputing parties in a manner that reassures and resonate reasonable coexistence thereafter. For me, the processes are largely typical but differ in their procedures. Hence, we state that the procedures share so much in common but differs in its composition, approaches, methodology and inspirations. The African setting gives credence to persons that have distinguished themselves in the society to sit amongst the panel of mediators with or without expert or professional qualifications or experience on the matter. All that matters is their good standing in society.
However, the present ADR pays more attention to professionals that have acquired enormous expertise in dispute resolutions. Furthermore, the present ADR platform has gone ahead to entrench the ADR formulas to an aspect of our laws that make it extremely difficult to abscond from the arrangements finalized during the dispute resolutions; thereby making it a more formidable and dependable channel of resolving disputes. This has further advanced the assurances of users knowing fully well that it is legally effective and can be enforced within the ambits of the law or legal system- which is encouraged globally. We must give credence to the traditional African dispute resolution(TAMS) pattern, as the present ADR is an advancement on the good jobs entrenched by the traditional system of old.
Comments/feedback from this first episode:
Well done, Chinwe. You are a true ADR advocate. Like I earlier said, I totally agree with you. The modern-day ADR is a replica of the traditional African mode of conflict resolution. During the pre-colonial era, which dates, back before 1861, ADR was the only means of settling a dispute in Nigeria. The modern-day court came later with the arrival of colonialism. It, therefore, suffices to hold the view that the modern-day ADR is the offspring of the traditional African model of ADR. Thank you. –Ken
Good job, Chinwe. Yes!-the modern-day ADR seems to be the new modern; advanced method of settling disputes, the obvious difference is “ADR” is a modern method while the traditional method is an old method. –Abdul
I learnt that anyone could practice ADR, ADR is basically what has been existing just that it did not have the fancy name for it yet but a question that has been on my mind since is how binding is ADR and I also learnt what court-connected ADR is. Furthermore, how to settle a dispute and get a ruling on it so that makes it binding and so much binding because the parties gave their consent. This podcast gave me the answers to all these questions. Well done. –Esy
Very enlightening podcast thanks Chinwe. I am curious about the cost implications and who pays the mediators, and does it influence their decisions? Akinola Ola
The institution pays the mediators; thus, it does not affect their decisions. It is essential to point out that the institution gets funded by the government or from walk-in or private matters. Chinwe Stella Umegbolu
The importance of a platform like this cannot be understated. Thank you, Chinwe for your initiative on enlightening your audience on this contemporary and relevant dispute resolution solution. It is necessary to understand that a broad range of options now exist with respect to resolving most disputes, especially in the forward-thinking world we live in. This episode is particularly vital to dispel any initial misgivings people new to the process of ADR may have when coming to the table or considering other options to litigation. A great listen for anyone with doubts on the important value of ADR as a process. Unequivocally I say: Great job Chinwe! Chika Madu
This is a great piece of work Chinwe, your comparative analysis with the African Arbitration system is very vital. IK Onuoma
I cannot agree less. In line with the above, it appears that the weaknesses of litigation gave birth to the modern ADR. In real life, litigation does not end a conflict even after judgment. It could restrain and compel obedience but cannot install peace and friendship back between disputants. On the contrary, ADR does not just end a conflict but restores love and peace between disputants. Ken
Thank you for sharing such an insightful podcast. David Nzeribe
Very clear message. Your work on ADR is very expository. Well done, sis… way to go! Justina Dillion
I think this is an excellent piece of work. I commend you, Chinwe. I have noticed how expensive the ADR process has become over the last twenty years. I have also observed that the ADR process is becoming too legalistic and the strict application of the rule of evidence makes ADR session looks like courtroom proceedings. In all, ADR is the way to go. Good work, Chinwe. Kingsley Nwabueze Onunwa
Brilliant sis. Persistence, perseverance, diligence and excellence. Well done. Kingsley Nwokolo
Flowing from the above, this first episode of the podcast has made users and non-users to be aware of the advantages of ADR and how it relates to the TAMSD. This line of thinking is predicated, from the comments/ feedback mentioned above connoting that the EVA podcast, is on its way in fulfilling one of its aims.
It is essential to point out that EVA is aired on Anchor FM for an average of 30mins recording time and its distributed by Anchor FM on different social media platforms like Spotify, iTunes, Breaker, Google Podcasts, Pocket Casts and Radio Public.
For the full version of this episode click here.
Chinwe Stella Egbunike- Umegbolu, Dispensation of Justice: The Lagos Multi-Door Courthouse (LMDC) as a Case Study (Ongoing-research at the University of Brighton 2018-2021) 89.
Stay tuned next weekend for more episodes on Expert views on ADR (EVA)!!!