Alternative Disputes Resolution Mechanisms And Procedure

Disputes are inevitable, and as such, it is important that disputes are resolved in an amicable manner with the aim of saving the relationship between the parties. The general perception is that the traditional mode of resolving disputes is through litigation. There, however, exists other Alternative Disputes Resolution (ADR) mechanisms in resolving disputes other than litigation. ADR mechanism can be as simple as a negotiation between two people or; complex arbitration involving taking evidence, calling witnesses, and making awards.

Nowadays, the Court Rules now require lawyers to explore ADR mechanisms in the settlement of disputes before resorting to litigation. Order 2, Rule 2(e) of the Federal Capital Territory High Court Civil Procedure Rules 2019 requires the pre-action Counseling certificate as one of the documents to accompany the writ of summon. The certificate shall be deposed to by the Legal Practitioner of the Claimant stating that he has advised