On Saturday, the 16th day of June, 2018, I published on Sun
Column under the caption ‘’Time for federal mediation and
conciliation centres.’’ The opening paragraphs of that
piece read as follows: ‘’When early in the week I set out to write
today’s column, the one issue I had in mind was a follow-up to
reactions that trailed my last column on the innovative steps Lagos
State judiciary is taking to decongest its courts.
However as I proceeded with the script, I suddenly realized that
in all of these developments within the Alternative Dispute
Resolution sphere, the Federal High Court has so far not featured.
I know that like other hierarchies of courts, the Federal High
Court encourages amicable resolution of disputes, particularly when
it is at the instance of parties.
However as I write this, I am yet unaware of any specific ADR
scheme that has been initiated by the court. This should not be so;
more particularly because the court stands in a unique position as
regards the commercial fortunes of our economy. Introducing ADR to
matters within the jurisdiction of the court is therefore
imperative. Within the court’s jurisdiction reside all fundamental
commercial concerns of the nation such as maritime, banking,
taxation, insurance, Companies and Allied Matters etc. ‘’
Today, Saturday, the 15th of June 2019, exactly one year after
the publication under reference, I bring you a different story –
news that the Federal High Court has now established the Federal
High Court Alternative Dispute Resolution Centre (FHCADRC). Don’t
get it mixed up; the establishment of the Centre may not have in
any way be connected nor influenced by the said article. The major
point of interest, particularly to me, is the coincidence of timing
of these publications as concern the Federal High Court ADR Centre.
The formal launch of the Centre comes soon, at a date yet to be
announced.
The significance of the entry of the Federal High Court ADR
Centre into the judicial space can only be fully appreciated if one
understands the jurisdiction of the Federal High Court and its
pivotal role in the resolution of commercial disputes in Nigeria.
Within the court’s jurisdiction reside all fundamental commercial
concerns of the nation such as maritime, banking, taxation,
insurance, Companies and Allied Matters etc.
Practitioners and followers of ADR developments in the country
will find the Federal High Court (Alternative Dispute Resolution)
Rules 2018, both innovative and flexible. Aside adopting the
flexibility of ADR processes known to such institutions, the
FHCADRC is innovatively bringing certainty to the cost of ADR
business by publishing the scale of fees for its mediators in its
Rules. Other ADR Centres that I have had dealings with, would
rather make their process fees available only upon request.
Another innovation worthy of note is that the FHCADRC has
incorporated the Arbitration and Conciliation Act 2004 into its
processes by reference. Thus Order 6 Rule 4 provides that ‘’The ADR
proceedings shall be conducted in accordance with the Arbitration
and Conciliation Rules set out in the Schedule of the Arbitration
and Conciliation Act or the provisions of the Court(Civil
Procedure) Rules. However, like other ADR Centres of the various
States, commencement of ADR processes at the Centre shall be by
Walk-in, Court Referral and Direct Intervention of the Centre in
matters of public importance which it deems in its wisdom to
intervene.
The coming of the Federal High Court ADR Centre would appear a
game changer in the dispute resolution industry. Aside it’s
noteworthy big ticket commercial jurisdiction, there is also the
fact that unlike other Multi-Door Courthouses which operate the
single location court presence, the FHCADRC shall be found in
several States of the federation where the court is located.
The Centre’s enabling law also provides an answer for very
conservative lawyers who make heavy weather about the distinction
between arbitration and mediation simply because the former is
rooted in a federal legislation. The FHCADRC Rules should now
conclusively show how wrong they have been. To the initiates, those
who have bothered to upscale their learning, it has since been a
known fact that Conciliation and Mediation can be used
interchangeably with little or no differences. The Constitution of
the Federal Republic of Nigeria provides for and recognizes the
respective legal status of the Federal and State governments. What
has thus played out is that while State Governments have been
establishing Multi-Door Courthouses (ADR Centres) under the
respective laws of the State, the Federal Government has so far
established its own ADR Centres such as the Federal High Court ADR
Centre and the National Industrial Court ADR Centre through federal
legislations.
In concluding my thoughts on these developments let me also draw
attention to an implicit alert contained in the FHCADRC Rules. The
alert is to the effect that for a comprehensive understanding and
practice of alternative dispute resolution, practitioners must
never restrict themselves to any one platform of dispute resolution
as the entire business of that industry operates in a loop. Some
practitioners who may have vowed never to have anything to do with
the acquisition of arbitration skills may now see the wisdom of
doing so if they must exploit the opportunity of being engaged as
external mediators of the FHCADRC.