Alternative Dispute Resolution has become the dispute resolution mechanism of choice for many sophisticated international and local clients operating in Lagos, Abuja and other parts of Nigeria. Due to several issues with the litigation process in Lagos, a lot of corporations, institutions and other Portfolio companies choose to veer away from (Lagos) courtroom litigation. Companies now have a deep preference for alternative dispute resolution over conventional courtroom practice.
For these set of business operators, alternative dispute resolution is more ideal over litigation practice so that they can circumvent the Courts which are fraught with administrative bottlenecks, administrative delays, Process uncertainties and a special knack for marathon legal tussles they would have to expend a lot of time on, with little results achieved.
Many of our local and international clients prefer alternative dispute resolution mechanisms over Courtroom litigation because of its attendant uncertainties, marathon nature, and delays that undermine the commercial litigation process. An increase in foreign direct investment (FDI) in various areas of the Nigerian business-commercial sector has also led to a stronger demand for ADR to ensure speedy resolution of commercial disputes.
We create special ADR clauses in contractual documents and actively advise on the various issues pertaining to alternative dispute resolution to aid our local and international clients who have no interest in courtroom litigation. We pride ourselves on having deep commercial knowledge of the specific workings of our local and international clients so that we are better able to routinely advise on the best Alternative Dispute Resolution mechanism that will be suited for each case/transaction.
Alternative Dispute Resolution: Commercial Arbitration
Many businesses prefer commercial arbitration as their default dispute resolution mechanism in the event of a commercial dispute with their business counterparts, particularly in disputes regarding cross-border commercial transactions. Our dispute resolution team advises our clients on all aspects of Nigerian Arbitration Law and practice, from the drafting of commercial arbitration clauses/agreements, to the arbitration hearings in whatever seat of arbitration chosen by the parties.
Hermon Legal Practitioners is experienced in both local and international arbitration, and we handle our clients’ Lagos commercial arbitration matters alongside their commercial arbitration matters in foreign arbitration seats. We are also hands-on to help our arbitration clients post arbitral award to ensure that issues pertaining to compliance and enforcement are handled perfectly so they can easily proceed with their transactions.
Our Lagos arbitration practice is focused on taking these key approaches to issues relating to the handling of our clients’ arbitration matters: analyze the arbitration contract/clauses giving rise to the arbitration, analyzing key issues that is the bane of contention between both sides, then crafting the best strategy that will be used to handle the matter at Lagos Arbitration tribunals or wherever else the seat of commercial arbitration is, both locally and internationally.
Mediation, like commercial arbitration, is fast becoming one of the preferred dispute resolution mechanisms employed by corporations and high-flying conglomerates in resolving their commercial disputes.
Mediation involves a neutral third party, called the “Mediator” whose job is to help disputing parties arrive at an amicable settlement of their dispute. His involvement is focused on the facilitation of negotiations and resolution by the parties in a way that is suited to the interest of both parties.
Hermon Legal Practitioners’ Lagos dispute resolution team takes active involvement in mediating our clients’ commercial disputes and we have advised and supported our clients who adopt third-party Mediation as their preferred dispute resolution method for resolving their commercial disputes.