How to Win your Case Promptly and Remain Best of Friends with your Adversaries – By Felix Onofua (Esq. DRS)
Accept or reject it, it has been proven by relevant experiences that cases elected to be resolved by Litigation in court isn’t cost effective, but most times disgraceful and in the long run, parties to the dispute become sworn enemies. This accord with the age long by-word which states “never wash your dirty linen in public.”
Irrespective of the categories or nature of dispute, the best and most effective channel of resolution of same is by Alternative dispute resolution which include Arbitration, Mediation, conciliation and the hybrid process as it involves a WIN-WIN approach and it is conducted in camera (closed doors).
The merits of resolving your dispute via Alternative Dispute Resolution (ADR) is not limited to speedy resolution of disputes, Harmonious co-existence, reduction in parties expenses and time, sustenance of business relationship, restoration of pre- dispute relationships, confidentiality, accommodation and tolerance.
Notwithstanding the alleged or previous challenges on enforcing an arbitral award, the court in recent times have made strict conditions before such an award can be set outside.
Interestingly, 75% of the cases I have handled ended in Alternative Dispute Resolution despite commenced in court and the relationship between the parties have remained cordial.
By way of an admonition, when entering into a formal contract with any one, you must take cognizance of a submission clause specifying that in the event of breach or misunderstanding, the acceptable channel for resolution is by way of Alternative Dispute Resolution. (Wherein you may state the particular arbitration. For example the dispute resolution centre of Abuja Chamber of Commerce and Industry as well as the number of the arbitrators)
On a final note, this question should be question should be contemplated when faced with a dispute; Is it appropriate for me to subject my business, career, family or marriage to public scrutiny?
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