Order 20 — Alternative Dispute Resolution (adr)

It shall be the duty of a Court or Judge to encourage settlement of matters either by:

(a) Arbitration;

(b) Conciliation;

(c) Mediation; or

(d) any other method of dispute resolution.

(1) The Court shall:

(a) mandate parties to use ADR Mechanism where the Court considers it appropriate and facilitate the use of such procedure.

(b) assist parties to settle the whole or part of the case by referring parties to ADR Centre/Multi-Door Courthouse.

(c) fix timelines or otherwise control the progress of the case.

(d) give directions to ensure that the ADR process progresses quickly and efficiently.

(e) require the parties and their Legal Practitioners to cooperate with the ADR process by ensuring that he makes attempts at amicable resolution of the dispute through mediation, reconciliation, Arbitration and other Dispute Resolution options.

(f) The Court may impose appropriate sanctions if a party does not comply with the order or directive of the Court on ADR process.

(2) Where the Court determines that the parties should use ADR mechanism for the settlement of the dispute, the Court shall, within 7 days, by an Enrolment Order as in Form 55 refer the case to the KDMDC.

(3) Where a party refuses to submit to ADR and loses the case in Court, he shall pay a penalty as may be determined by the Court.

(1) Where a case is deemed suitable for ADR under Order 3 Rule 11 or has by directives been referred to ADR under Rule 2(2) of this Order, the Judge may consider and give appropriate directives to parties on the filing of statement of case and other necessary issues.

(a) The Plaintiff shall file his statement of case within 7 days of the Order of the Judge.

(b) The Defendant shall file his response within 7 days of service of the Plaintiff’s statement of case.

(2) Each of the parties shall file a notice of compliance with Rule 3(1) of this Order, within 20 days of giving the Order.

(3) Any party that fails to file the notice of compliance within the stipulated time shall, at the time of compliance, pay a fee of N200.00 for each day of such default.

(4) A party applying for an extension of time to comply with Rule 3(1) of this Order, shall upon filing such application, attach evidence of payment thereto.

The Court, in making any Order as to costs during or after a trial, shall consider any directive made under this Order and the disposition of the parties therein.

Where parties are unable to complete the settlement process within the time specified in the order, the referring Judge may extend the time specified in the order whenever he considers it expedient having regard to the facts and circumstances of the case.

(1) The referring Judge shall proceed to entertain the case where parties report that the settlement has broken down or it cannot be resolved through the ADR mechanism.

Where settlement has been reached: consent judgement

(2) Where parties have reached settlement, the Court shall, on the application of the parties, enter the terms of settlement, consent contract and consent award reached at the KDMDC as consent judgment and such terms shall thereupon have the same force and effect as judgement of the Court.

The Chief Judge may by order under his hand and seal designate Judges as ADR Judges who shall have jurisdiction to handle sessions and other ADR related matters.

The Chief Judge may designate a week(s) during the course of the legal year for the resolution of disputes at the Multi-Door Courthouse. The week(s) shall be known as Settlement Week(s) and the proceedings of the week(s) shall be as directed by the Chief Judge in a Practice Direction.

The Chief Judge may set up a Sifter Committee to identify cases that may be effectively resolved during the Settlement Week(s) or any time he deems fit.

Parties in a “walk in” ADR process may apply to an ADR Judge by a Motion on Notice for an order to enrol the decision or terms of settlement at the KDMDC as a consent judgement.

(a) In any case in which a matter is referred to one or more arbitrators under these Rules, the Court shall, by an order under its seal, refer to the arbitrators the matters in dispute in the suit which they may be required to determine and fix a time for the delivery of the award and the time so fixed shall be stated in the order.

(b) Where the arbitrators are not able to complete the award within the period specified in the order for want of the necessary evidence or information or other good and sufficient cause, the Court may, from time to time enlarge the period for delivering of the award, if it thinks fit.

(c) An award shall not be liable to be set aside only by the reason of its not having been completed within the period allowed by the Court, unless on proof that the delay in completing the award arose from misconduct of the arbitrators.

(d) Where in any case of reference to arbitration by an order of Court, the arbitrator dies or refuses to act, the Court shall appoint a new arbitrator in the place of the person dying, refusing or becoming incapable to act.

(e) The award shall contain a conclusive finding on all issues in the matter referred to arbitration.

(f) In any of the following cases, the Court may remit the award or any of the matters referred to arbitration for reconsideration by the arbitrator(s) upon such terms as it deems proper.

(i) where the award has left undetermined some of the matters referred to the arbitration;

(ii) where the award has determined matters not referred to the arbitration;

(iii) where the award is so indefinite as to be incapable of execution;

(iv) where an objection to the legality of the award is apparent on the face of the award.

(g) No award shall be liable to be set aside except on the misconduct of the arbitrator and provided that the application for setting aside the award is made within 15 days after the publication thereof.

(h) If no application is made to set aside the award or to remit it for reconsideration or where the Court has refused any such application, either party may file the award in Court and the award shall thereupon have same force and effect for all purposes as a judgment.

(i) The Chief Judge may designate a Judge as the arbitration Judge whose Court shall primarily be responsible for remitting and enforcement of award.

Except to subpoena a witness to attend under the Arbitration and Mediation Act which shall be by motion ex-parte, every application in this Rule to the Court under the Act:

(a) to set aside an arbitration agreement;

(b) to appoint an arbitrator;

(c) to stay proceedings;

(d) to remove an arbitrator or umpire;

(e) to direct an arbitrator or umpire to state the reasons for an award;

(f) to apply that a case on trial which is the subject of an arbitration agreement be referred to arbitration;

(g) to set aside an award thereof;

(h) for declaration that an award is not binding on a party to the award on the ground that it was made without jurisdiction or because the arbitrator misconducted himself or that the proceeding was arbitrary or that the award has been improperly procured;

(i) generally to determine any question of law arising in the course of or concerning any arbitration agreement or proceedings referred to the Court;

shall be made by motion on notice.

(1) An application to enforce an award on an arbitration agreement in the same manner as a judgment or order may be made ex-parte, but the Court hearing the application may order it to be made on notice.

(2) The supporting affidavit shall:

(a) exhibit the arbitration agreement and the original award or in either case certified true copies of each;

(b) state the name, as well as the usual or last known place of abode or business of the applicant and the person against whom it is sought to enforce the award;

(c) state as the case may require either that the award has not been complied with or the extent to which it has been complied with at the date of the application.

When an award is made in proceedings on arbitration in a foreign territory to which the Foreign Judgment (Reciprocal Enforcement) Act applies, if the award was in pursuance of the law in force in the place where it was made, it shall become enforceable in the same manner as a judgement given by a Court in that place and the provisions of the Foreign Judgement (Reciprocal Enforcement) Act shall apply in relation to the award as it applies in relation to a judgement given by that Court.