Category: Alternative Dispute Resolution
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WHY CONFIDENTIALITY IS THE LIFEBLOOD OF MEDIATION
Introduction: The two central pillars of mediation are voluntariness and confidentiality. While the former ensures that parties participate of their own free will, the latter provides the safety net that makes such participation meaningful. Without the assurance that the information they divulge will be carefully managed and not weaponised against them, parties will naturally withhold…
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THE STRATEGIC VALUE OF A MEDIATION ADVOCATE IN HIGH-CONFLICT DISPUTES
In a high-tension dispute, emotions often act as a fog, obscuring the path to a rational solution and threatening to burn down long-standing relationships. While mediation offers a bridge across this divide, navigating that bridge alone or with counsel unfamiliar with the nuances of mediation can be daunting. As human relations become more complex, the…
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UNDERSTANDING THE CHALLENGES AND OPPORTUNITIES INVOLVED IN THE ENFORCEMENT OF MEDIATION AGREEMENTS
Introduction: Mediation is a flexible, confidential process in which a neutral third party, the mediator, actively assists the parties in reaching a negotiated agreement on a dispute. The role of the mediator is to act as the facilitator or honest broker. The mediator also persuades the parties to focus on their underlying interests and concerns…
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CAN THE LAGOS STATE REAL ESTATE REGULATORY AUTHORITY (LASRERA) BE THE GAME-CHANGER IN RESOLVING REAL ESTATE DISPUTES IN LAGOS STATE?
INTRODUCTION Disputes arising from real estate transactions are quite common in Lagos State, as real estate is regarded as one of the major forms of investment. Most of these disputes involve developers who have failed to deliver properties to subscribers within the agreed-upon timeline, vendors who sell properties to multiple buyers, agents who defraud potential…
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Does an Arbitration Clause Apply When Liability is Admitted? A Review of the Supreme Court’s Decision in Sembcorp Eng. Pte Ltd -v- IPCO (WA) Holdings Ltd & Anor (2024) LPELR-62984 (SC)
Introduction The general rule is that where an agreement contains an arbitration clause, the courts shall respect the sanctity of the arbitration clause by staying the court proceedings and referring the parties to resolve their dispute by arbitration. However, the courts will only refer a matter to arbitration in line with the agreement of the…
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THE BINDING NATURE OF ARBITRATION AGREEMENTS IN CONTRACTS: AN OVERVIEW OF STABILINI VISINONI LTD. V. MALLINSON & PARTNERS LTD. (2014) 12 NWLR (PT. 1420) 134
INTRODUCTION: Arbitration is a form of alternative dispute resolution (ADR) in which parties in a dispute agree to have their cases heard and decided by a neutral third party, known as an arbitrator, rather than going to court. This process is consensual, private, and typically less formal than litigation. The arbitrator’s decision, known as an…
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NEGOTIATION AS AN EFFECTIVE DISPUTE RESOLUTION TOOL
Introduction: Some contracts insert a two-layer dispute resolution clause which demands that parties must first attempt to resolve their dispute by negotiation before resorting to litigation. They usually provide a time frame within which any such dispute must be resolved by negotiation, and after the lapse of the time, a party is at liberty to…
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KEY INSTANCES WHERE THE SALE OF REAL ESTATE BY THE ADMINISTRATORS OF AN ESTATE WILL BE DECLARED INVALID BY THE COURT: A REVIEW OF THE SUPREME COURT’S DECISION IN EYIBOH -V- MUJADDADI (2022) 7 NWLR (PT. 1830) 381
This article provides tips on the best practices for handling a property purchase transaction from the administrators or executors of an estate of a deceased. It also provides a detailed analysis of the Supreme Court’s decision in the case of Eyiboh v. Mujaddadi (2022) 7 NWLR (Pt. 1830) 381. The Supreme Court declared that the…
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CAN A RESIDENTS’ ASSOCIATION OF AN ESTATE IMPOSE AUTOMATIC MEMBERSHIP ON THE RESIDENTS? A REVIEW OF THE DECISION IN MEGAWATTS NIG. LTD v. REGISTERED TRUSTEES OF GBAGADA PHASE 2 RESIDENTS’ ASSOCIATION & 3 ORS.
This article provides a comprehensive analysis of the Federal High Court’s ruling in the case of Megawatts Nigeria Limited v. Registered Trustees of Gbagada Phase 2 Residents’ Association & 3 Others, where the Court determined that compelling a resident to join a residents’ association solely by virtue of their residence within the estate constitutes a…
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ENHANCING CONSUMER PROTECTION IN NIGERIA: A REVIEW OF THE DISPUTE RESOLUTION PROCEDURE AT THE LAGOS STATE CONSUMER PROTECTION AGENCY (LASCOPA) AND THE FEDERAL COMPETITION AND CONSUMER PROTECTION COMMISSION (FCCPC)
This article highlights the dispute resolution process outlined in the Consumer Protection Agency Law of Lagos State and the Federal Competition and Consumer Protection Act, 2018, for dissatisfied consumers. Additionally, it seeks to discourage the practice of multiple government agencies investigating a petition from a dissatisfied consumer on the same set of facts.