This
method is a structure that formally integrates ADR into the court system. It
re-defines the word ‘court’ from the traditional understanding that is solely
an avenue for litigation (mono-door courthouse), the multi-door refers to the
additional doors for ADR processes, that is, it is an alternative ADR process
that is Court connected but not another ADR process and it offers various
processes of alternative dispute resolutions to the parties. It can be
exercised by reference or referral by the Court in which case it is the Court
that will advise the litigants to explore other ADR methods to settle their
disputes. On the other hand, it can also be at the instance of the parties
themselves where they agree to refer their dispute to the multi door house process
for the resolution of their dispute. Where the multi-door Court House exists,
cases filed in court go through a process of in-take screening in order to
determine the appropriate door to use. Both the Abuja and Lagos High Court
rules make provision for this process – Order 25 Rule 1 I Lagos; and
Order 17 Rule 1 of the Abuja High Court Civil Procedure Rules.
The
proceedings are confidential and privileged, if a settlement of dispute is
reached, it is reduced into writing and signed by the parties and/or their
counsel. This settlement is deemed an “offer to settle” and is acceptable
within the Civil Procedure Rules. If the parties agree, the terms could be
entered in the form of a consent judgment, but where no settlement is reached,
no record of the ADR session shall be made available other than a certificate
of inability to resolve through ADR and when the dispute cannot be resolved, it
proceeds to trial.
In
Nigeria, the Multi-Door Court House was first established in Lagos on 11th of
June 2002 by the Negotiation and Conflict Management Group in
conjunction with the Lagos State Government. In Abuja, the High Court of FCT
established its own multi-door court house.
Matters
can be brought to the multi-door courthouse in any of the following 3 ways:
- By Court referral i.e.
the Court refers the matter to the Multi-Door Court House.
- By the parties walking
into the Multi-Door Court House themselves
- By direct intervention
by the workers of the Multi-Door Court House of the Negotiation and Conflict
Management Group (NCMG).
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