In all my years of practice, not all land matters require litigation, majority of the matters require alternative dispute resolution. Intrestingly guilty parties own up to ADR to evade prosecution. In this article lets discuss about Alternative Dispute Resolution in land matters.

Alternative Dispute Resolution also known as (ADR) refers to any means or method of resolving dispute outside litigation or the courtroom. Before modern law system, Alternative Dispute Resolution has found its root in many traditional societies before and after civilization. Different societies and traditions had their own means or ways of solving disputes. For example; flipping coins; animal fights; and so on. But the most common and basic form of Alternative Dispute Resolution which the modern society has adopted is simply two people in dispute negotiating and reaching an agreement either with the help of a higher authority or a third party.

In Africa, Alternative Dispute Resolution has been part of her culture and tradition. For example, in Nigeria dispute between two parties were resolved by higher authorities or respected elders in the society like kings; chief counsel; the oldest in the family. In the Yoruba land, it is believed that parties in dispute cannot settle their matters in court and still remain friends. Its is believed that because Humans interact with each other every day, dispute has been and will always be a part of human existence. Customary arbitration process was a way of settling disputes without dissolving the relationships of both parties.

But with the advent of the colonial system in Nigeria, came litigation and commercial dispute resolution process which gave birth to settlement of dispute in an open court with a judge to resolve dispute. This new system of dispute resolution took over the customary arbitration process. Though litigations have its advantages, but It was later discovered that injured parties preferred to sleep on their rights because of the high cost and time process of commercial litigation especially when they are dealing with opposing parties with financial advantage.

However, Arbitration and other forms of Alternative Dispute Resolution (ADR) are now given backings by the court and other enacted laws as a means of dispute settlement. The Lagos state government enacted Lagos State Multi-Door Court House (LMDC) to help resolve court cases through referral process by the court to resolve matters through mediation, arbitration, and other ADR procedures. During this process, a sole mediator helps the parties in dispute reach a mutually agreeable settlement process. If a settlement is reached, the terms of the settlement are signed by the parties but if a term of settlement is not reached, the case will proceed to trial in the court of justice.

(section 4(1)(b) of LMDC provides that it can cause settlement or other memorandum, duly signed by disputing parties, endorsed by either an ADR judge or any other person as may be directed by the Chief Judge to become binding and enforceable.

ADR often saves money and speeds settlement system. In an ADR process such as mediation, parties play an important role in resolving their own disputes. This often results in creating solutions, longer-lasting outcomes, greater satisfaction, and improved relationships. A joint or separate session can be conducted for parties in dispute. During this process, each party has an opportunity to present their case and the settlement process they desire. This information made to the mediator remains confidential unless wanted otherwise by the parties in dispute after which an agreeable settlement will be reached that will be desirable by both parties.

Some of the benefits of this mediation processes are:

It saves High cost of litigation process and saves the stress of the strict interpretation of law and rule of law
It speeds up dispute settlement process thereby saving time and leaving both parties satisfied.
It is more effective and flexible than an order imposed by a court or other tribunals.
The parties to a dispute play important role in resolving their own dispute, control its process and its outcome and not the court.

Though, parties to dispute play the most role in resolving issues but should still be assisted by their professionals, representatives or advisers in coming to a settlement that will meet their true needs and interests. In ibejulekkilawyer.com we assist clients and adopt ADR process in solving land dispute cases and leave both parties satisfied.

Another case scenario

Mrs Ajala bought two plots of land from Mr Okoro at Odobudo village in Ogunfayo part of Ibeju-Lekki Local Government are
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