ADR

Alternative Dispute Resolution

Dorcas Levy Daniel, LL.B, LL.M, FICMC, MCArb, MTI (Nigeria) Trained Mediator. His Worship Dorcas Levy Daniel was called to bar in 2001, is a sound adjudicator who has adjudicated civil and Criminal cases successfully as an Upper Customary Court Judge. She is skilled in conflict resolution, facilitates talks between parties not desirous of going to court and organises trainings for ADR practitioners.

She is the Director of the Kaduna State Multi-Door Court House / Alternative Dispute Resolution Centre. She is a Member of the Nigerian Institute of Chartered Arbitrators, a Fellow of the Institute of Chartered Mediators, an MTI (Mediation Training Institute Nigeria) trained Mediator, a Member of the Child Justice Coordination Committee of Kaduna State , Secretary of the Alternative Dispute Resolution Committee of Kaduna Judiciary and a member of FIDA, with profound interest in RestorativeJustice, Trauma healing, Counseling, communal and family mediation.

Her Worship is also a member of the training faculty of Nigerian Institute of Chartered Arbitrators , of the Institute of Chartered Mediators and Conciliators and of the Settlement house . She has published Articles in Journals on Alternative Dispute Resolution.

INTRODUCTION

The Kaduna Multi-door Court House (KDMDC) ADR Centre serves as a vital hub for Alternative Dispute Resolution (ADR) in Kaduna State, offering various doors or channels to resolve conflicts efficiently, professionally and amicably.

This Handbook provides an overview of the KDMDC's operations services, and new initiatives, ensuring that users and ADR practitioners alike are well informed and equipped to benefit from the centre's resources

MISSION STATEMENT

The Kaduna State Multi-door Court House mission is to supplement the available resources for justice by providing enhanced, timely, cost-effective, and user friendly access to justice.

THE KDMDC OBJECTIVE

  • To provide enhanced timely and cost-effective access to justice, which could reduce or eliminate citizen's frustration
  • To supplement the avenues for justice by making available additional doors through which disputes could be resolved.
  • Develop the managerial Judges concept and design how best settlement could be achieved amongst litigants.
  • To utilize the immense resources of retired Judges through services in mediation, Arbitration and other ADR mechanisms.

HISTORY OF KADUNA MULTIDOOR COURT HOUSE

The multi-door court house concept was initiated and introduced into the Nigerian Justice System by Mr. Kehinde Aina, a partner in law firm of Aina, Blankson & Co. Mr Kehinde established the Negotiation and Conflict Management Group (NCMG) in 1996 as a peace building organization in Nigeria.

The first move for the institutionalization of ADR in Kaduna State was made in 1998 when the idea of establishing a Kaduna mediation centre was first conceived at a workshop on Alternative Dispute Resolution organized at the British Council Kaduna on 14 April 1998. On December 1st 2011, the Kaduna State Multi-door Court House or Alternative Dispute Resolution (ADR) was officially commissioned by HON. Justice R.H Cudjoe OFR (RTD). On the 17th day of June 2015, Honourable Justice Tanimu Zailani (RTD) formally issued a Practice Direction for the Kaduna Multi-door Court House, which includes Mediation, Procedural Rules and Arbitration Procedural Rule 2015.

In September 2019, Honourable Justice Muhammadu Bello FICMC (RTD), former Chief Judge of Kaduna State, partnered with GIZ to revamp the KDMC to provide ADR services especially in the area of contract enforcement and improving Commercial Dispute Resolution in Kaduna In September 2023, The Chief Judge of Kaduna State, Honorable justice M.T.M Aliyu appointed the present Director H/W Dorcas Levy Daniel as a Director of the KDMDC. The Chief Judge also constituted the A.D.R Rules Amendment Committee, and the Panel of Neutrals Selection Committee, to help strengthen the KDMDC for better justice delivery in Kaduna State.

Under the present Director, the KDMDC has achieved a lot of publicity, through social media i.e sensitization of the public through Radio houses and other social media handles. In July 2024, The Honourable Chief Judge Of Kaduna State, Justice M.T.M Aliyu, inducted the first set of Panel of Neutrals of the Kaduna Multi-door Court House, and also inaugurated the KDMDC Brand Ambassadors. The third KDMDC Settlement Week which took place in July 2024, from the 23rd to 27th witnessed a tremendous turn out of cases both from the public and the Courts.

EXPECTED IMPACT

  • Access to justice for all.
  • Reduction in the case dockets of Judges.
  • Speedy Resolution of disputes.
  • Reduction in parties’ expenses and time.
  • Harmonious coexistence.
  • Maintain relationships.
  • Accommodation and Tolerance.
  • Restoration of Business relationships.
  • Encourages Resolutions suited to parties.
  • Public satisfaction with the Justice System.
  • Encourages compliance with resolutions.
  • Encourages foreign investments.

HOW IT OPERATES

  1. Case selection at the Registry and selection of a neutral (Mediator).
  2. Preliminary meetings to understand the issues and take a date for mediation.
  3. Mediation sessions where both parties sit and discuss issues with a view to amicable resolution.
  4. If a resolution is reached, terms of settlement will be drafted and signed by both parties.

However if the case is for Arbitration, the steps are as follows:

  1. Agreement to Arbitrate.
  2. Submission of claims and evidence by both parties.
  3. Hearing before the Arbitrator.
  4. Arbitrator delivers a binding Award.

CASE REGISTRATION AND FEES

Once a case is filed, it must be registered with the ADR centre. A fee may be required depending on the nature of the ADR service (e.g mediation or Arbitration). Fee structures are designed to be affordable and accessible.

TYPES OF CASES HANDLED BY KDMDC

  • Commercial disputes
  • Employment/Labour Dispute
  • Energy Dispute
  • Family Dispute, Dissolution, Custody, and Maintenance
  • Inheritance both under Islamic and Native law and Custom
  • Tenancy cases
  • Political Dispute/Election matters
  • Faith based disputes
  • Compoundable offences
  • Land Matters
  • Communal disputes
  • Medical disputes
  • Child offender mediation
  • Neighborhood disputes

WHAT ARE THE DOORS AT THE KDMDC

EARLY NEUTRAL EVALUATION (ENE): Here a neutral evaluator provides an early assessment of the dispute, helping parties to understand the strength and weaknesses of their case. The evaluation can lead to early settlement negotiations or prepare the parties for more informed litigation or Arbitration.

ARBITRATION AND MEDIATION DOOR: This door handles cases through Arbitration and Mediation, providing parties with a neutral platform for settling disputes.

NATIVE LAW AND CUSTOM DOOR: This door is focused on resolving dispute through traditional and customary legal practices, respecting local customs and heritage.

ISLAMIC MATTERS (SULHU) DOOR: This door provides resolution based on Islamic principles and Sharia law, offering parties a faith based approach to conflict resolution.

CONCILIATION DOOR: Is similar to mediation but with a more active role for the conciliator, who may propose solutions for resolving the dispute. Parties are encouraged to accept the conciliator's suggestions to reach an amicable settlement.

TRAUMA HEALING DOOR:Trauma healing is a new initiative at the KDMDC that focuses on addressing the emotional and psychological impact of disputes on individuals. Many parties experience emotional trauma that affects their ability to fully participate in ADR processes. The KDMDC has introduced trauma healing and counseling services to support these individuals, helping them to process their experiences and regain emotional balance, before, during or after the ADR process.

COUNSELING DOOR: In recognition of the emotional and mental strain that disputes can place on individuals, KDMDC has introduced counseling services for disputing parties. These services aim to provide support and guidance to help individuals navigate their emotions and the stress of conflict resolution.

RESTORATIVE JUSTICE DOOR (RJ): This is a philosophical approach to conflict resolutions that seeks to repair harm by involving all stakeholders in a constructive dialogue. This new offering at KDMDC aims to foster reconciliation and healing between parties, focusing on restoration rather than punishment or compensation.

ORGANIZATIONAL STRUCTURE OF KDMDC: The KDMDC is structured to ensure effective management and delivery of ADR services through various doors or channels. These doors represent the different methods of dispute resolution available as listed above.

The KDMDC is structured to ensure effective management and delivery of ADR services through various doors or channels. These doors represent the different methods of dispute resolution available as listed above.

The KDMDC has an ADR Committee whose Chairman is the Chief Judge and eleven others as members. The ADR Committee is responsible for managing the ADR centre and any other organ for implementing ADR in Kaduna State.

The Centre is administered by the Director who is the overall Administrator of the KDMDC, ensuring that all operations run smoothly and that the centre continues to uphold its commitment to resolving disputes in a fair, timely and amicable manner. The Deputy Directors support the Director and manage the doors at the centre.

The KDMDC has a Registrar who oversees the administration of cases, the ADR services and filing of cases.

Dispute resolution officers (DRO) the dispute resolution officers’ conduct pre-session meeting with parties, explain the ADR processes and provide the relevant forms to the parties.

The KDMDC also has Mediators and Arbitrators, who are professionals responsible for guiding parties through the ADR processes.

Support Staff: They provide clerical, administrative, accounting and technical support to ensure the smooth operations of the ADR centre.

WHAT’S NEW AT THE KDMDC

The Kaduna Multi-door Court House is committed to improving its services by continuously expanding and improving its offerings. In line with its commitment, we are pleased to announce the introduction of new programs and initiatives, aimed at enhancing the overall experience for both practitioners and disputing parties, such like counseling, trauma healing and restorative justice doors. In addition KDMDC has just inducted its first set of Panel of Neutral and also the ADR Ambassadors.

ADR TRAININGS:

KDMDC provides training for would be mediators, for the general public and also students interested in becoming ADR practitioners. After the training certificates are awarded for those that pass the requisite qualification assessment.

PANEL OF NEUTRALS

They are professionals who serve as Mediators and Arbitrators at the KDMDC.

ADR PEACE AMBASSADORS

These are individuals of high standing in the society who are ADR enthusiasts, who are ready to promote the ADR centre.

VOLUNTEER MEDIATORS

The KDMDC also has volunteers from various ADR institutions who are professionals in their fields that do render their services to the centre free of charge.

INTERNSHIP OF MEDIATORS

The centre also has the requisite qualification for becoming a mediator that serve as interns at the ADR centre so as to learn or master the skills of mediation.

DRAFTING OF TERMS OF SETTLEMENT

The KDMDC allows private individuals and private ADR practitioners to bring in their Terms of Settlement for vetting and crosschecking.

COLLABORATION

The KDMDC has partners who are ever ready and willing to collaborate with the center in all its activities.

  • Institute of Chartered Mediators and Conciliators (ICMC)
  • Nigerian Institute of Chartered Arbitrators (NICARB)
  • International Federation of Women Lawyers (FIDA)
  • International Alert Nigeria
  • Legal Aid Council
  • Public Complaints Commission
  • Kaduna State Peace Commission
  • Cleen foundation
  • Interfaith mediation centre
  • Settlement house ADR training institute (SHATI)

EFFICIENCY

Each ADR process at KDMDC has set timelines as follows:- Mediation cases are typically resolved within 30-60 days Arbitration cases may take longer depending on their complexity but aim to conclude within 90 days. Conciliation and Early Neutral Evaluation are generally shorter, taking between 1-7 days

KDMDC GOLDEN RULES

  • Sign at the Entrance: "Welcome! Let's Make Peace Happen!"
  • Respect Everyone: Treat all parties, practitioners, staff, and judges with courtesy and respect.
  • Be Punctual: Arrive on time for all sessions and meetings.
  • Maintain Confidentiality: Keep all information shared during ADR processes private.
  • Listen Actively: Pay attention, show empathy, and understand different perspectives.
  • Stay Open-Minded: Be willing to consider various options and solutions.
  • Dress Appropriately: Maintain a professional appearance.
  • Communicate Clearly: Express yourself clearly and concisely.
  • Follow Procedures: Adhere to the guidelines and processes established by the KDMDC.

Things To Do

Sign at the Entrance: "Keep It Respectful! No Negativity Allowed!"

  • No Disrespect: Avoid rude or aggressive behavior.
  • No Interruptions: Do not interrupt others while they are speaking.
  • No Recording: Recording devices are prohibited unless expressly permitted.
  • No Unauthorized Discussions: Do not discuss case details outside the ADR sessions.
  • No Cell Phones: Keep your phone on silent and avoid using it during sessions.
  • No Delays: Avoid actions that could cause unnecessary delays.
  • No Partiality: Do not show bias or favoritism.
  • No Misleading Information: Do not provide false or misleading information.

For the Management Team

  • Lead by Example: Demonstrate integrity, fairness, and professionalism.
  • Ensure Efficiency: Ensure smooth and effective functioning of the center.
  • Support and Train: Provide adequate support and training for staff and practitioners.
  • Welcome Feedback: Establish channels for receiving and addressing feedback.
  • Provide Resources: Ensure all necessary resources and facilities are available.
  • Monitor Compliance: Regularly monitor adherence to rules and guidelines.

For the Staff

  • Maintain Professionalism: Uphold high standards of professional behavior.
  • Support Clients: Provide courteous and helpful assistance to all clients.
  • Handle Confidentiality: Safeguard the confidentiality of all case information.
  • Improve Continuously: Engage in ongoing training and development.
  • Collaborate Effectively: Work cooperatively with colleagues and practitioners.
  • Keep Records: Ensure accurate and timely record-keeping.

For Mediation Practitioners

  • Focus on Clients: Prioritize the interests and needs of your clients.
  • Adhere to Ethics: Maintain the highest ethical standards of practice.
  • Prepare Thoroughly: Come well-prepared for all sessions and proceedings.
  • Stay Impartial: Maintain neutrality and objectivity throughout the ADR process.
  • Communicate Effectively: Facilitate clear and constructive communication.
  • Aim for Resolution: Work towards fair and amicable resolutions.

For Courts Referring Cases to KDMDC

  • Identify Suitable Cases: Refer cases that are appropriate for ADR.
  • Provide Clear Information: Supply complete and accurate case details.
  • Facilitate Cooperation: Encourage parties to participate in the ADR process.
  • Respect ADR Process: Support the integrity and outcomes of the ADR process.
  • Timely Referrals: Ensure timely referral of cases to avoid delays.
  • Follow-Up: Maintain communication with KDMDC on the progress and outcomes of referred cases.

For Lawyers Representing Clients at ADR Sessions

  • Understand ADR: Familiarize yourself with ADR processes and principles.
  • Prepare Clients: Educate your clients on what to expect and how to participate effectively.
  • Advocate Respectfully: Represent your clients' interests while maintaining respect for all parties.
  • Support Resolution: Encourage your clients to consider various settlement options.
  • Stay Objective: Provide unbiased advice and guidance.
  • Follow ADR Guidelines: Adhere to the rules and procedures of the ADR process.

For the General Public

  • Respect the Process: Understand and respect the ADR process.
  • Follow Instructions: Adhere to the instructions provided by the KDMDC staff.
  • Arrive on Time: Be punctual for scheduled sessions.
  • Be Honest: Provide truthful and transparent information.
  • Seek Clarification: Ask questions if you do not understand something.
  • Engage Positively: Participate in the process with a positive and cooperative attitude.

We Are Here to Help

If you have any questions or need assistance, please do not hesitate to ask our friendly staff. Thank you for contributing to a peaceful and fair resolution process at the Kaduna Multi-Door Courthouse ADR Center. Let's make peace happen together!

CONTACT INFORMATION

Address: Kaduna multi-door Courthouse Kaduna State judiciary, High Court Complex, Bida Road Kaduna

Phone: 09074961655/08099580681

Email: kdmdcadr@gmail.com

Twitter handle: kdmdcadr

Tiktok handle: kdmdcadr

Facebook: kaduna ADR centre

Linked In: kaduna multi-door courthouse

Instagram: alternativedisputeresolutionkd

ADR GLOSSARY

Arbitration: a binding dispute resolution process where an arbitrator renders a decision

Mediation: a voluntary process where a neutral third party called a mediator helps parties reach a mutually acceptable agreement.