Lawyers practising in Lagos State will have to embrace Alternative Dispute Resolution in the settlement of disputes among their clients in the state.
The new High Court of Lagos State (Civil Procedure) Rules, which came to effect on December 31, 2012, make it mandatory for a plaintiff to seek preliminary settlement before approaching court for redress.
The papers filed with respect to the suit will also have to be screened for suitability for ADR.
In effect, the court enjoys the power to transfer a particular suit after it has been filed to the ADR without the consent of the parties, if the screening reveals that it is suitable for the unit.
The state judiciary, through its Multi-Door Courthouse and other ADR institutions, provides dispute settlements through consultation, reconciliation and arbitration.
Settlements arrived at through the ADR are also deemed as consent judgment of the High Court of the state and non-settled matters go to the litigation track.
The new rule was said to be part of measures aimed at decongesting the courts of cases.
Chairman, Nigerian Bar Association, Ikeja branch, Mr. Monday Ubani, told our correspondent that not all lawyers, particularly those who specialise in litigation, were disposed to the new rule.
He, however, added that the lawyers should abide with the new rule or challenge it in court.
He said, "There are fears, especially by litigation lawyers about the issue of compulsoriness of the ADR. Many lawyers are a bit scared of its operations and modalities
"People always want to resist anything that is new. But if it is done in such a manner that it gives absolute fairness and the consequences are favourable and leads to early dispensation of justice, the lawyers will embrace it.
"It is a rule all lawyers must abide with since it has come to effect. The other alternative is for them to challenge it in court."
