Symbol of Justice
Pursuant to Section 89 (1) of the High Court Law CAP H3 Laws of Lagos State 2003 as (Amended Law), lawyers in the state will now have to contend with mandatory Alternative Dispute Resolution (ADR) with the commencement of the new High Court of Lagos State (Civil Procedure) Rule 2012.
The new rule signed by the Chief Judge of the state, Justice Ayotunde Phillips, became effective December 31, 2012.
The new rule provided for parties to comply with certain pre-action protocols as part of new Originating Process requirements.
Lawyers and litigants are mandated to first explore the ADR for resolution of disputes to be brought before the court under the new rules.
However, originating processes filed in court would be screened for suitability for ADR and only suitable matters would enter the ADR track to the Lagos Multi-Door Courthouse (LMDC) or other appropriate ADR institution.
The appropriate ADR processes, according to the court, include consultation, arbitration, and reconciliation.
Where reconciliation is achieved, settlements would be entered as consent judgment of High Court of Lagos State.
But where reconciliation fails, matters would enter into litigation track in the courts.