By Chinyere Omeire
In Nigeria’s busy courts, the delivery of justice has often been slow because of the large number of cases waiting to be heard.
Land disputes, business transactions, family matters, and workplace issues usually take a long time to be resolved.
For many citizens, going to court has become a long and exhausting journey as it sometimes stretches for years before judgment is delivered.
During this period, parties spend money on legal consultations, transport, and documentation, while emotional tension builds.
Many litigants have been frustrated by repeated and long adjournments, lengthy trials, and high legal fees.
Analysts are convinced that Alternative Dispute Resolution (ADR) has emerged as a reliable and effective solution.
ADR refers to all methods of resolving disputes outside the regular court system.
It includes processes such as negotiation, mediation, and arbitration, as well as newer hybrid methods such as mediation–arbitration.
Under ADR, parties in dispute are encouraged to discuss their issues in a calm and guided manner with the help of neutral professionals to reach a mutually acceptable agreement.
Experts in the field are encouraging litigants to choose ADR, noting that it is changing the way justice is delivered by offering a faster, cheaper, and less confrontational way to settle disputes.
When ADR is applied within the court system, it is known as court-connected ADR.
In Lagos State, this operates under the Multi-Door Courthouse system.
The Multi-Door Courthouse provides several “doors” or options for resolving disputes, allowing parties to select the most suitable method for their case instead of going through the traditional court trial.
Mr Chibuikem Opara, a lawyer with Justification Firm in Ikeja, says ADR helps to preserve relationships after disputes are resolved, unlike litigation which often worsens conflicts.
He believes that ADR allows experts who understand the subject of the dispute to handle the matter.
“A judge cannot be an expert in everything. In ADR, mediators and arbitrators are often professionals in the relevant field, which makes the process less technical and more practical,” Opara argues.
He adds that ADR is one of the fastest ways to dispose of cases.
According to him, every case filed in the Lagos State High Court is first screened for ADR suitability. Cases that qualify are referred for ADR.
This screening process, he says, has helped to reduce the number of full trials and enabled the courts to focus on more serious and complex cases.
Opara notes that ADR principles are now being applied to criminal matters through plea bargaining and restorative justice, citing high-profile cases such as those of Cecilia Ibru and former Inspector-General of Police Tafa Balogun as examples.
He quotes Prof. Frank Sander of Harvard University as describing litigation as a single ‘door’ to justice, which causes delays because everyone queues at the same door.
“With ADR, people have different ‘doors’ to choose from, and this reduces congestion, delay, and frustration.”
Mr Valentino Buoro, a lawyer and mediation advocate, says courts refer some cases to ADR to reduce their workloads and allow judges to focus on more complex matters.
He strongly believes that ADR encourages parties to discuss and find solutions together, thereby reducing tension.
Buoro, who volunteers with the Lagos Citizens’ Mediation Centre, also believes that ADR is more affordable than litigation.
“Many people avoid court because they cannot afford it, but ADR fees are lower and cases are resolved faster,” he says.
According to Buoro, the Lagos Citizens’ Mediation Bureau resolves over 30 per cent of disputes brought before it annually, with settlements that parties willingly accept and rarely appeal.
He argues that ADR settlements usually last longer because the parties themselves participate actively in shaping the outcome of their cases.
Another lawyer, Mr Ademola Owolabi of Adetokunmbo Ademola Chambers, describes ADR as less formal but effective.
He, however, argues that enforcement of ADR decisions sometimes poses challenges.
“Some disputes are resolved through ADR, but enforcement still brings the matter back to court.
“The real problem is not ADR but the judicial system,” Owolabi says.
According to him, Lagos State, with about 24 million people and only 56 high court judges, faces inevitable delays in justice administration.
He lists power outages, traffic congestion, and weather conditions among other factors causing delays in justice administration in Lagos State.
Owolabi urges building of public confidence in ADR through awareness campaigns.
He is convinced that many people are not aware of Citizens’ Mediation Centres, the Office of the Public Defender, Lagos Multi-Door Courthouse, and Lagos Settlement Week.
He also calls for the introduction of ADR into school curricula to discourage self-help and violent dispute resolution.
He advises judges to focus more on the merits of cases than on technicalities, so that people leave the courts feeling that justice has truly been served.
Analysts strongly believe that by reducing delays, lowering costs, and promoting reconciliation, ADR is redefining justice delivery in Nigeria and offering a pathway to restoring public confidence in the legal system.
They think that while the courts remain the foundation of justice, the growing use of ADR points to a future where justice is delivered faster, better, and closer to the people.
.Omeire writes for the News Agency of Nigeria
