ADR is particularly suited to commercial cases because it often leads to amicable dispute resolution between the parties, which is preferable to a court determining disputes for parties and forcing a decision upon them. I hold this view because parties who determine their disputes amicably outside the courts part as friends with no victor and no vanquished. Any attempt therefore, by parties to preserve their cordial relationship before resorting to full scale litigation where important business relationship may be damaged forever, should be welcomed and encouraged by the courts. Given the right skills and environment, parties will prefer an expeditious amicable settlement to a prolonged court litigation. Mediation is all about a way of getting to the bottom line of a dispute and finding a compromise without fighting. At the end of it all, it is the parties who are being resolved as much as it is the problem that is being settled.
– Hon. Justice R. H. Cudjoe, OFR, FCJEI.
ADR is an alternative; it remains an alternative because while it works most of the time, it cannot work all the time. Certain cases can only be resolved through the courts. The good news however, is that, while ADR may be an alternative, it is a generally good alternative; an alternative that will certainly be welcomed by a lot of people and will do a lot of good to our judicial system.
– Hon. Justice R. H. Cudjoe, OFR, FCJEI.
Relationship is mostly valued in this part of the world, but one of the factors that could easily turn a good relationship into a sour one is disputes, particularly when such disputes is to be resolved through court process which is known as litigation. There is a popular saying that “we don’t come back from court and still be friends”. This is because parties in a suit don’t always see themselves as friends even if they are from the same family. This no doubt is as a result of litigation process which does not take into cognisance the relationship of the parties in a suit before delivering judgment based on provisions of laws governing the subject of the disputes.
– Tunde Oyesina