The Law Firm of Sofunde, Osakwe, Ogundipe & Belgore Trained Young Lawyers in Arbitration
While the two most common forms of Alternative Dispute Resolution (ADR) are arbitration and mediation, negotiation is almost always attempted first to resolve a dispute. It is the preeminent mode of dispute resolution.
The main advantage of negotiation in dispute settlement is that it allows the parties to meet themselves and control the process and the solution.
This was the focus of the training put together by the Continuing Legal Education and Mentoring Committee of the NBA Lagos branch and sponsored by the law firm of Sofunde, Osakwe, Ogundipe & Belgore, a full-service firm, which operates with genuine knowledge of both local and international considerations.
Immediately after the mission statement by the CLE chairman, Mr. Tobenna Erojiekwe, followed by the introduction of the members of the faculty by Yemi Akangbe, a partner with the sponsors of the event
NEWSWIRE’s correspondent reports that the Lagos Court of Arbitration (LCA) in Lekki, venue of the event, on Wednesday the 11th of July 2018, witnessed presentations by erudite resource persons and experts in the dispute and resolution. The programme also opened the online dispute Resolution (ODR) window to the young lawyers as a veritable tool for ADR and Arbitration.
Speakers at the one day seminar included a senior partner with the law firm of Sofunde, Osakwe, Ogundipe & Belgore, Mr. Dele Belgore (SAN); the founding partner of Olawoyin & Olawoyin, Dr. Wale Olawoyin (SAN); another partner with the law firm of Sofunde, Osakwe, Ogundipe & Belgore, Mr. Babajide Ogundipe; Managing Partner, Sola Ajijola & Co., Mrs. Sola Adegbonmire and Mrs. Morenike Obi-Farinde.
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Mr. Belgore who gave an overview of ADR, adviced the young lawyers on the best way to draft an arbitration agreement.
“Make sure that you’ve thought of the nature of the arbitration, the value, and you’ve taking account of what would happen in the event that you cannot agree, and as much as possible try and reduce your deal with matters that, if you are unable to agree would lead you to court. Because if you go to court then you’ve defeated the whole essence of going to arbitration in the first place.” Belgore said.
He said, “Definitely you need training, because the world over the best arbitrators are not even lawyers.” “So, legal training helps that is it doesn’t give you the sufficient tools to be rude in arbitration. You have to have arbitration training, and Institutions like the Chartered Institute of Arbitration can offer such trainings.”
The learned silk said, “There is so many arbitral bodies in Nigeria now and constantly having trainings. The Chartered Institute of Arbitration for instance has a young members’ school that run a lot of programmes for young members. There is mentorship programme where young members are attached to senior and experience arbitrators, they have workshops in which you discuss topical matters of interest in arbitration. So, it’s up to the young lawyers to get involved. If you get close to the arbitral community you will be aware of these things.”
Another trending area in the arbitral market is the Online Dispute Resolution (ODR) which is a branch of dispute resolution that uses technology to facilitate the resolution of disputes between parties. It primarily involves negotiation, mediation or arbitration, or a combination of all three.
The introduction of ICT in dispute resolution is currently growing to the extent that the difference between off-line dispute resolution and ODR is blurry.
Mrs. Morenike Obi-Farinde in her presentation, said, ODR does not replace ADR rather it compliments it and makes it more efficient, faster and better.
She said, “ODR was born from the synergy between ADR and ICT, as a method for resolving disputes that were arising online, and for which traditional means of dispute resolution were inefficient or unavailable.”
It has been observed that it is only possible to distinguish between proceedings that rely heavily on online technology and proceedings that do not.
Mrs. Farinde said ODR is the new area young lawyers must tap into. “Whether we like it or not we all keep using technology. So the earlier we realize that we must all be part of how to resolve our disputes whether they appear online or offline using technology which we are all embracing the better.
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Mediators are individuals trained in negotiations, to bring opposing parties together and attempt to work out a settlement or agreement that both parties accept or reject. Mediation is an informal alternative to litigation used for a wide gamut of case-types ranging from juvenile felonies to federal government negotiations with ethnic groups or a neighboring country. Mediation has also become a significant method for resolving disputes between two people/parties, companies, employees and employers, investors and their stock brokers, etc.
Mediation is gaining popularity in the growing sectors of entertainment, sport, and hospitality due to its unique quality which affords the parties the opportunity to go through a dispute resolution process while maintaining their contractual relationship.
Arbitration Queen, Mrs. Sola Adegbonmire, who is an Accredited Mediator with the Centre for Effective Dispute Resolution (CEDR), and a member of the Panel of Neutrals of the Lagos Multi Door Court House, has continually support and mentors the next generation which is one big project so dear to her.
She advised that whatever your profession never stop learning. Even at my level I keep going for training, and if there is any ADR training I attend. Always continue to acquire experience and fresh ideas.
“I once encouraged a gynecologist to go into ADR and today he’s one of the best mediator that we have around. He did not only stop at becoming an arbitrator, he had now started what is called mediation in the medical profession. So, we are now even bringing up mediators who are specialists in medical disputes.”
“On the arguments between arbitration and commercial law practice, she said it’s the same because there is mediation in commercial law practice. So, it’s still intertwined because you still have to resolve the disputes in the commercial practice.”
Adegbonmire said, you can be in commercial law practice and still be a mediator at the same. So you have your cake and eat it at the same time as they say.
It is said that ADR is the new dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. It is a collective term for the ways that parties can settle disputes, with the help of a third party. It was created by the so-called ‘men of commerce’ who were eager to avoid the adversarial and usually lengthy processes involved in litigation.
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