By Ben Ndedde

In those days “Where there is no Doctor” was on every family’s book shelf. A medical manual, it served as a go-to first aid manual for urgent health and medicare for families and work groups.

In today’s disruptive world, amidst the hustles and bustles of life disputes are an everyday occurrence. Statistics show that court patronage is on the rise. Many see the court as a place to ventilate their quarrels and many commercial transactions will quickly resort to it for redress. And although the courts are known for dispute settlement centers, this traditional perspective might be changing soon.

With the drag in the dispensation of Justice, many who are uncertain as to how their matter will be resolved walk away at the preliminary stages or resort to self help or even use the police. Often they do so even on matters with no borderline as to crime, or they create one.

And these officers, wearing mufti or their uniform without name tags exploit the situation, making merchandise of bail. The Extortionists Officers create offenses and commit crimes with little or no consequences. There are no consequences because there are no laws mandating security cameras nor database reporting systems to professionalize or document their services.

With sheer intimidation and ignorance of the parties, law enforcements further deepen the tear in our fragmented system.

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Talking about court, it is not uncommon for litigants to spend years [in court] with their lawyers exploring technicalities, and the exchange or service of court documents (also known as court processes) can go on and on, without scratching the very substance of what parties came to the court for.

This could be a nightmare sometimes. It can however be good if the case was a simpler one. But in all, it leaves room for anyone of either party by their lawyer, thickening the dispute, they make it bigger-focusing on defects in the case. They leave the substance and talk about the form. Opposing parties seek to identify lapses in each other’s cases. And that is the court as we know it.

In all, both the lawyer and the judge may get paid but the owner(s) of the cases are holding their breath, spending time and resources, to see when or if their case is resolved so they can move on with their lives.

Can justice be done faster with long hand recording of proceedings or none digitisation of hearings as is the case in 21st century climes?

What do we do while waiting for these changes?

Enter Arbitration & Mediation

As recent as May-June 2023, the Arbitration & Mediation Act has entered the Nigerian scene. This law provides for private but professional settlement of disputes before going to court or even without going to court. All the parties need is to agree on the use of that [Arbitration or Mediation] method of dispute settlement. And to be bound by the outcome, parties will have agreed to go through the courts just to enforce their mutual decision. Simple. Fast. Agreeable in writing. Enforceable. Everyone wins.

What does this mean for parties and disputes?

It means that Parties [by choice]may approach a licensed private person, trained for the purpose of seriously looking into their dispute to aid them resolve either by Arbitration or Mediation-for a fee.

About the fee part, it might not be as low as the ones in court, but time management is assured. A lot would have been achieved. And yes, you might still need a lawyer or you might risk doing it alone. But it might be riskier not to have one.

The rules are there so the lawyers will treat the sessions as they do in courts. So with Arbitrator or Chartered Mediators, dispute centers are assured.

It is for parties to decide.