AKWA IBOM MULTI-DOOR COURTHOUSE PROCEDURE RULES, 2009

AKWA IBOM MULTI-DOOR COURTHOUSE

[A Court Annexed Alternative Dispute Resolution Centre]

AKWA IBOM MULTI-DOOR COURTHOUSE PROCEDURE RULES, 2009

ARRANGEMENT OF ORDERS

ORDER 1 – FORMS AND COMMENCEMENT OF ADR PROCESSES

ORDER 2 – PRE-ADR CONFERENCE

ORDER 3 – PRIOR AGREEMENT TO SUBMIT DISPUTE TO ADR

ORDER 4 – WHERE THERE IS NO PRIOR AGREEMENT

ORDER 5 – INITIATING ADR BY REFERRALS

ORDER 6 – MATTERS REFERRED BY COURTS

ORDER 7 – AMENDMENTS

ORDER 8 – MODIFICATION AND EXTENSION OF TIME

ORDER 9 – SUBMISSION OF FURTHER EVIDENCE AND CONF’IDENTIAL DOCUMENTS

ORDER 10 – MATTERS IN DEFAULT

ORDER 11 – REPRESENTATION

ORDER 11 – REPRESENTATION

ORDER 12 – DATE, TIME, PLACE OF MEDIATION

ORDER 13 – THE ADK HEARING SESSION

ORDER 14 – APPOINTMENT OF A MEDIATOR

ORDER 15 – CONFLICT OF INTEREST

ORDER 16 – ROLE OF MEDIATOR

ORDER 17 – THE MEDIATION AGREEMENT

ORDER 18 – SUGGESTIONS FOR SETTLEMENT OF DISPUTE

ORDER 19 – SETILEMENT AGREEMENT

ORDER 20 – STAY OF PROCEEDINGS

ORDER 21 – TERMINATION

ORDER 22 – REFUSAL TO SUBMIT TO ADR

ORDER 23 – CONFIDENTIALITY AND PRIVACY

ORDER 24 – EXPENSES, FEES, AND COST

ORDER 25 – IMMUNITY

ORDER 26 – APPOINTMENT AND REMUNERATION OF THE DISPUTE RESOLUTION OFFICERS (DROS)

ORDR 27 –

ORDER 28 – CODE OF CONDUCT FOR MEDIATORS AND NEUTRALS

ORDER 29 – COMPETENCE AND APPOINTMENT

ORDER 30 – IMPARTIALITY AND CONFLICT OF INTEREST

ORDER 31 – FULL DISCLOSURE BY MEDIATOR

ORDER 32 – CONFIDENTIALITY

ORDER 34 – MEDIATOR’S COMPLIANCE WITH AGREEMENT BY PARTIES

ORDER 35 – WITHDRAWAL OF A MEDIATOR

ORDER 36 – ENFORCEMENT

ORDER 37 – ARBITRATION

IN EXERCISE of the powers conferred on me by Section 259 of the Constitution of the Federal Republic of Nigeria 1999, I, Idongesit Ntem Isua, Chief Judge of the High Court of the Akwa Ibom State make these Rules:

1.       Akwa Ibom Multi-Door Courthouse Procedure Rules shall be the Rules to be followed in all Alternative Dispute Resolutions at the Akwa Ibom Multi-Door Courthouse.

2.       The Akwa Ibom Multi-Door Courthouse Mediation and Arbitration Procedure Rules, 2008 are hereby amended.

3.       A reference in these Rules to anything that was done under these Rules includes a reference to anything done before the commencement of these Rules under any enactment ceasing to have effect on the commencement of these Rules.

4.       Where a matter arises in which no provisions or adequate provisions exist in these Rules, the Dispute Resolution Officer or a Neutral shall adopt a procedure as may aid in the effective resolution of the dispute before him.

5.       These Rules maybe cited as Multi-Door Courthouse Procedure Rules, 2009.

6.       All rules herein shall be interpreted and applied by the Akwa Ibom Multi-Door Courthouse.

7.       In these Rules, unless the context otherwise requires:

“ADR” means Alternative Dispute Resolution; it is any method of resolving a dispute by agreement rather than by an imposed binding decision.

“ADR Judge” is any Judge of the Akwa Ibom High Court who has been assigned by the Chief Judge as an Alternative Dispute Resolution Judge.

“Applicant” Means a person who files a Request for Alternative Dispute Resolution.

“Arbitral Tribunal” Is the panel that determines issues submitted by parties for arbitration

“Arbitration Agreement” Exists when contracting parties provides a clause in their contract mutually agreeing to submit any dispute from their contract to one or more impartial persons of their choice to reach a binding decision in such disputes.

“Arbitral Award” Is the final decision of an Arbitrator in the settlement of a controversy.

“Arbitration” is a process where disputants appoint a third person called Arbitrator to hear their case and render a binding and enforceable decision, called “Arbitral Award”.

“Claimant” is the party that initiates the arbitration process.

“Consent Judgment” is the judgment entered by a court based on the Settlement Agreement.

“Conciliation” involves intervention of an impartial third party to assist parties to resolve their dispute. Unlike a Mediator, a Conciliator may if necessary give his opinion as to the merits of the dispute.

“Court” Means any court created by law.

“Corporate body” is a company with offices or branches only in Nigeria.

“Co-Meditators” are additional mediators used as facilitators in a neutral role in dispute resolution.

“Director” is the Administrative Head of the Akwa Ibom Multi Door Courthouse

“Dispute Resolution Officer (DRO)” is a legal practitioner, with ADR skills appointed by the Judicial Service Commission to handle ADR matters at the Akwa Ibom Multi-Door Courthouse

“Domestic Arbitration” refers to arbitration between contracting parties one of who on the date of the conclusion of the contract was doing business in Nigeria and there was intent that the Contract be performed in Nigeria.

“Mediation” is a voluntary and informal process where a mediator is invited by the parties to intervene and facilitate the resolution of a dispute by the agreement of the parties.

“Mediator” Is a person that impartially assists the disputing parties to resolve their disputes. Where the context so admits Mediator shall include but not limited to a Neutral, a Negotiator, a Conciliator, an Arbitrator, and a Dispute Resolution Officer.

“Multi-National Corporation”: is a corporate body with branches or offices in more than one country.

“Multi-Door Courthouse” Means Akwa lbom Multi-Door Courthouse

“Multi-door” Means various Alternative Dispute Resolution options e.g. Mediation, Arbitration, Conciliation, Negotiation, Pre-trial Conference, Settlement conference, Neutral Evaluation etc.

“Multi-door Courthouse” is a special court-annexed centre which offers a variety of Alternative Dispute Resolution Processes

“Negotiation” is a process that involves persuasive communications between two

disputing parties to enable them resolve their disputes, directly or through legal or non-legal representation

“Neutral” is an impartial Third Party expert in his field with proven ADR skills who assists in the resolution of a dispute.

“Panel of Neutrals” is a register of experts in their various fields called Third Party Neutral Evaluators maintained at Multi-Door Courthouse

“Registrar” means the Registrar of Akwa Ibom Multi-Door Courthouse .

“Respondent” Is any party that the Applicant has requested to join in the ADR process.

“Settlement Agreement” Terms of Agreement reached after a successful AD R process.

ORDER 1 – FORMS AND COMMENCEMENT OF ADR PROCESSES

1.       Any person or persons shall commence an ADR process by filing a written Request at the Akwa Ibom Multi-Door Court or by completing a Request Form (Form A).