‘LMDC is the First Court Connected ADR Centre in Africa’
Lagos, as the most populous and most cosmopolitan city in the West African Sub-Region, has the largest Judiciary which expectedly, comes with numerous and complex challenges. With Magistrates and Judges saddled with overloaded case dockets and its worrisome impact on justice delivery, the State came up with an ingenious and novel method of settling disputes outside conventional litigation. This birthed the Lagos Multi-Door Courthouse (LMDC) in 2002, to settle disputes through the Alternative Dispute Resolution (ADR) mechanism. The steady growth of the LMDC has seen over 58,000 cases pass through the system, with a good success rate. Onikepo Braithwaite and Jude Igbanoi sought out the Chairman of the LMDC Governing Council, Honourable Justice Jumoke Pedro, who gave deep insights into its origin, workings of the ADR Court House, and its achievements so far
Your Lordship, kindly, give us a brief overview of your career
I attended University of Lagos, where I obtained an LLB with a 2nd Class Upper Division in 1980. In July 1981, I was called to the Nigerian Bar. I practised briefly between 1982 and 1984 with the reputable firm of Akin Olugbade & Co. after completing my N.Y.S.C as a legal officer with the Military Police, Apapa Cantonment.
In 1984, I joined the Lower Bench of the Lagos State Judiciary as a Magistrate. I also served as the Registrar of Titles at the Lagos State Land Registry, and rose through the Bench to become a Chief Magistrate. In 1999, I was appointed the Chief Registrar of the High Court of Lagos State, and served as the Probate Registrar, the Sheriff, the Tax Master, and the Official Receiver. In 2001, I was appointed a High Court Judge of Lagos State.
I have worked in various Divisions of the Court: General Civil, Family and Probate, Commercial, Fast Track, Lands Division, ADR (Track) and once as the designated Judge of Economic and Financial Crimes Commission (EFCC) Matters. I am presently the Head of Fast Track and Commercial Division of the High Court of Lagos State. I authored the books ‘The Living Law’ and ‘Fundamental Principles of Law Practice and Procedure’.
I am a member of the International Association of Women Judges and National Association of Women Judges, a member of the Olave Baden-Powell Society and a Fellow of the Chartered Institute of Arbitrators Nigeria. I am also a member of the Chartered Institute of Arbitrators, UK, and a Certified Mediator; a Fellow of Institute of Chartered Mediators and Conciliators. In 2021, I was appointed as the Chairman of the Governing Council, Lagos Multi-Door Courthouse (LMDC).
What is your role at the Lagos Multi-Door Court House (LMDC)?
As the Chairman, I am responsible for the overall supervision of the Governing Council of the LMDC. The members of the Council were appointed by the Hon. Chief Judge of Lagos State, and vested with the responsibility, though not exhaustive, of ensuring the overall development and growth of the LMDC in order to enhance the effective administration and delivery of justice. My role is to provide leadership, guidance and direction to the Council, in order to achieve the objectives set out by the LMDC Law 2015.
How has the LMDC fared since its inception in 2002?
The Lagos Multi-Door Courthouse (LMDC) is the first court connected Alternative Dispute Resolution (ADR) Centre in Africa. Although it started with only six cases in 2002, presently 2,000 cases are received on a yearly basis, with over 70% being referred from the Court.
The LMDC had developed a reputation for expertise in resolution of commercial disputes being referred from the High Court and Magistrate Court, through efficient and effective use of ADR mechanism. Cases are often referred from individual and corporate organisations, and they are speedily resolved through online dispute resolution.
In addition, the LMDC has commenced the resolution of criminal cases through Restorative Justice, by seeking to repair the harm done to the victim of such crime. And, providing opportunity for both the victim and the offender who took responsibility for the crime, to communicate about their needs in the aftermath of the crime. The purpose is not only to provide restitution to the victim, but to ensure that the offender is reintegrated into the community.
We now have walk-in matters, where cases are being resolved without parties having to go before the court. Such walk-in matters are mediated upon, and the terms of settlement reached. The terms of settlement may be presented before the court, for enforcement.
The LMDC has a distinguished Panel of over 300 Neutrals, which provides disputants and the ADR Industry with the expertise of carefully selected, skilled and experienced Mediators, Arbitrators, Restorative Justice Facilitators and Neutral Case Evaluators from different fields of endeavour (including retired Judges).
Between the year 2017 and 2022 the LMDC through mediation has been able to recover a total sum of N38,533,163,666.53 (Thirty-Eight Billion, Five Hundred and Thirty-Three Million, One Hundred and Sixty-Three Thousand, Six Hundred and Sixty-Six Naira, Fifty-Three Kobo) as outstanding claims and debt for commercial institutions, and individuals. This has greatly contributed in boosting the economy of Lagos State and Nigeria; and engendered trust in the Judicial system for the attraction of foreign direct investment.
On a final note, the use of ADR mechanisms has come to stay, it has now become an integral part of Lagos State Judiciary through the High Court of Lagos State Civil Procedure Rules 2019, the preamble, Order 2 Rule 1, which deals with overriding objectives of the rules of this Court, Order 5 Rule 8 which clearly states that all Originating processes filed at the Registry shall be screened to determine their suitability for the ADR and may be referred to the LMDC or any appropriate ADR institution or Practitioner, in line with the Practice Directions issued by the Chief Judge. Orders 27 and 28 of our Rules of court, are quite enlightening.
Has the LMDC succeeded in making ADR more popular in Lagos?
Yes, the LMDC has succeeded and is still creating necessary awareness in making ADR more popular in Lagos State, particularly through the kind support of the Lagos State Government under the leadership of our Governor; Dr Babajide Olusola Sanwo-Olu and the Honourable Chief Judge of Lagos State Hon. Justice Kazeem Olanrewaju Alogba.
However, more awareness needs to be created; and, to this end, we recently held the 1st Conference of All Multi-Door Courthouses/ADR Centres with the theme “Enhancing ADR Practices & Synergy”. It had in attendance eminent jurists, and to mention but a few, Hon. Justice Kudirat M.O. Kekere-Ekun CFR, JSC; the President of the Court of Appeal, Hon. Justice Monica Dongban-Mensem; the Chief Judge of Lagos State, Hon. Justice Kazeem Olanrewaju Alogba as the Chief Host; the President of the National Industrial Court; Hon. Justice B.B. Kanyip and many other Justices.
Also, a total of over 18 Multi-Door Courthouses and ADR Centres were in attendance, Government Agencies, Nigerian Bar Association (NBA) and other Lawyers, ADR Institutions, Security Agencies, Academic Institutions, Micro, Small and Medium Enterprises (MSMEs), Corporate Organisations and other Stakeholders.
The Lagos Settlement Week (LSW) started out as a ‘one week’ program in the year, whereby, disputants have an opportunity to have their cases mediated at no cost to the parties. However, due to the huge acceptance and success of the LSW Programme, the LSW has evolved into three programmes per year, with a district programme and two central programmes focused on Ikeja and Lagos High Court and Magistrate Court. The District Programme has resulted in the resolution of disputes in communities and Courts across Badagry, Ikorodu, Yaba, Lagos Island, Epe, Ogba etc; and in 2023, the District Programme will be taken to the Eti-Osa Courts and Communities.
The LSW is fully funded by the Lagos State Government, which showcases its commitment to providing access to justice under the Security and Governance Pillar of the Lagos State T.H.E.M.E.S Agenda. The LSW commenced in 2009, and won the coveted CEDR Award for significant achievement in the field of dispute resolution; it was designed to impact the Justice System of Lagos State through a gradual but definitive reduction of the case load of the Courts within a specified time, and to encourage the early settlement of cases pending litigation in the High Court and Magistrate Court of Lagos, while providing satisfactory, timely and cost-effective justice to litigants.
Since inception, the LSW Programme has received a total of 13,248 cases with a 49.5% rate of settlement achieved by the LMDC. This has significantly resulted in ensuring equal access to justice for all and promotion of the rule of law, in accordance with the Sustainable Development Goals 16 (SDG 16).
The 1st Online Settlement Month (OSM): The LMDC organised the 1st Online Settlement Month (OSM) Programme in Africa, to ensure that despite the challenges presented by the Covid-19 pandemic and the #EndSARS protest, the citizens of Lagos State had unhindered access to justice.
Being the first of its kind, the OSM Programme commenced with the 1st OSM in Africa Webinar which generated commendable publicity, with over 800 registrations and more than 400 Participants at the webinar. The Webinar was greatly supported by stakeholders who cut across the Lagos State Judiciary, Nigerian Bar Association (NBA), Young Lawyers Forum (YLF), ACCORD South Africa, University of Lagos (UNILAG) and the Private Sector.
During the 1st Online Settlement Month (OSM) Programme, Disputants and Lawyers referred from the Lagos State High Court, Magistrate Court and the Private Sector, engaged in the settlement of disputes through the deployment of Online Dispute Resolution (ODR).
Online Dispute Resolution (ODR): Online Dispute Resolution (ODR) is a branch of dispute resolution, which uses technology to facilitate the resolution of disputes between parties. Online dispute resolution is a mechanism that allows disputing parties resolve their disputes using web-based communication tools such as email, chat, and videoconferencing, as opposed to the physical meeting of parties. Before 2020, the LMDC had been settling disputes between parties with ODR; however, the pandemic led to the relaunch of ODR on a larger scale. Consequently, disputants can file a case online, get a session scheduled online and sign the Terms of Settlement without a physical visit to LMDC. A case involving outstanding sum of $1 million, was settled during two mediation sessions. Terms of settlement were filed, and entered as consent judgement.
LMDC ADR Trainings: The LMDC has, over the years, developed into a full-fledged ADR training institution that provides ADR services, as well as training and consultancy services to a wide range of clientele who cut across various professional sectors. The LMDC offers a number of trainings which are geared towards the development of international best practice mediation skills, ADR advocacy and education amongst Judges, Magistrates, Lawyers, Doctors, Engineers, HR Practitioners, Estate Surveyors, Entrepreneurs, Mediators, Court Registrars, Case Managers etc. The LMDC is known to provide international best practice ADR Training, using a curriculum curated by professionals from the academic and ADR sector.
The Restorative Justice Youths and Juveniles Reform Programme
In response to the enactment of the Practice Direction by the Honourable Chief Judge of Lagos State on Restorative Justice by the Lagos State Judiciary in 2019, the LMDC Restorative Justice Unit was set up in February 2021, as approved by the Honourable Chief Judge (HCJ) of Lagos State, Honourable Justice Kazeem.O. Alogba.
The LMDC Restorative Justice Unit (RJ Unit) initially received direct referrals from Magistrate Court in Lagos State, but now receives cases from the Lagos State Restorative Justice Hub, and successfully facilitated and resolved a number of Restorative Justice cases resulting in restitution for the victim and an opportunity for the offender to be accountable.
On Friday, the 24th of June, 2022, LMDC commemorated its 20 years (2002 – 2022) of Dispute Resolution Excellence with the launch of the Restorative Justice Youths and Juveniles Reform Programme featuring an Anniversary Lecture focused on the theme; “The Transformation of Juveniles and Youths through Restorative Justice in Lagos State”.
The LMDC maintains relevance and propagates the gospel of ADR, through our social media handles:
Instagram: lagosmultidoor
Tweeter: @LMDC_thinkADR
Facebook: lmdchall@gmail.com
Website: lagosmultidoor.org
What kind of Matters are handled at LMDC?
At LMDC, we handle civil cases, such as commercial, banking and insurance related disputes; landlord and tenant matters; property disputes; debt recoveries; libel and slander; administration of estate; employment and trade disputes; construction disputes; accident and tort; medical negligence; contract enforcement; family disputes; succession disputes; Maritime, Energy, Business disputes and small claims.
Restorative Justice Cases where the offender or Defence has pleaded guilty to the offence in open court, and is referred for restorative justice facilitation.
Does LMDC have any jurisdictional floors or ceilings in terms of the value of disputes and the types of cases which can be referred there?
There are no jurisdictional boundaries as to the value of disputes. However, there are some cases that are not ADR amenable, such as land cases relating to title; where the Claimant requests for a declarative order; divorce petitions – although an order for decree nisi cannot be granted in mediation, however other aspects of the claim relating to custody and maintenance can be handled in mediation.
On average, how long does it take to dispose of a matter?
The applicable timelines for cases handled at the LMDC are 180 days for walk-in cases and 90 days for Court Referred cases. However, some cases are resolved within one day, two days, one month, etc.
How many cases does the Multi-door Court House receive in a year, and how many are successfully settled without need for litigation?
On the average, based on a five-year period, the number of cases received is 2,454 and the settlement rate is 54%.
One of the aims and objectives of LMDC as set out in Section 2 of its establishment statute, is to promote the growth and effective functioning of the justice system through Alternative Dispute Resolution Methods. What ADR methods are available at the LMDC?
The LMDC, in line with the law establishing it the Lagos Multi-Door Courthouse Law 2015, provides variety of doors through which parties can resolve their matters amicably such as:
Mediation, Arbitration, Conciliation, Early Neutral Evaluation and other ADR mechanisms, Restorative Justice, Hybrids.
How has it promoted the Justice System and decongested the courts?
The LMDC has actually promoted the justice system in achieving one of its major objectives, which is to enhance access to justice. The use of ADR mechanisms to supplement litigation in the resolution of disputes, has actually reduced some of the work load of the court. It will interest you to know that since its inception, more than 16,809 cases had been referred to the LMDC for mediation, which has effectively reduced the courts’ docket, with a 57% rate of settlement achieved by the LMDC. The synergy between LMDC and the Lagos State Judiciary has certainly bolstered the justice system, and created a high level of trust in the justice system by parties.
The High Court Civil Procedure Rules, 2015, has also helped to fast-track justice dispensation in Lagos State. Through the ADR track Unit of the LMDC, the impact of court decongestion is felt by the reduction of the number of cases that find their way into the mainstream of litigation. The ADR Track “catches” the case (through screening for suitability for ADR) before it gets into the litigation track, thereby reducing the number of cases in the courts’ docket.
In addition, since the implementation of the first edition of the Lagos Settlement Week (LSW) in 2009, the LSW has become a part of the Judicial calendar of the Lagos State Judiciary, and has recorded an increasing impact towards the decongestion of the Courts’ docket. The LSW has mediated over 7,000 cases, with its achievements including, but not limited to; the speedy recovery of over N39 billion in monetary claims within seven years, amicable resolution of cases in various sectors including aviation, telecommunications, construction, oil and gas, matrimonial and real estate cases, amongst others; saving the resources, time and manpower of the court, which should ordinarily have been expended on adjudicating these matters in the courtrooms, thereby causing a huge relief to the Judges, Magistrates and other Judicial Officers and in turn, improving the socio-economic well-being of the residents of Lagos State, and also making Lagos State an attraction to foreign investors, as disputes are resolved quickly and confidentially.
What is the process for bringing a matter for ADR at LMDC? Do you have Walk-Ins or must all matters be referred from the High Court?
At the LMDC, matters are initiated through – Walk-ins, Court Referrals and Direct Intervention.
Can part-heard matters be mediated upon at LMDC? What are the requirements?
A Judge or Magistrate has the discretion, to refer a part-heard case in the Court docket to the LMDC. Any of the parties in a part-heard case can also request for their matter to be referred to the LMDC, at any time before judgement is given in such cases.
Does LMDC still have the Settlement Week Programme? If so, what happens then?
Yes, it does.
At the LSW, selected cases (that have been screened and identified as suitable for a time bound Mediation) are referred by the Court to the LMDC.
Workshops are held for various Stakeholder Groups to ensure they fully understand, participate and benefit from the gains of the Programme.
Mediation Sessions are conducted in these cases within the week of the programme and are held concurrently at various court locations, predominantly at the Ikeja, TBS and Osborne Courts.
Upon conclusion of the Mediation Sessions, the outcomes could be a resolution where both Parties endorse a Settlement Agreement and which is forwarded to the referral Court to be entered as consent judgement; or a non-settlement, whereby, a status report is forwarded to the referral court for continuation of proceedings; or an adjournment for another session to further explore resolution.
The Lagos Settlement Week (LSW) has become an integral and vital part of the Judicial calendar of the Lagos State Judiciary, and it is held thrice annually. The Lagos Settlement Week (LSW) Programme has been organised for 13 consecutive years, from 2009 – 2022 and its still achieving its objectives of providing free ADR services to members of the society.
The LMDC has over the years, conducted the Settlement Week programmes in the various Judicial Divisions and Magisterial Districts of Lagos State, and has recorded an unprecedented success in creating awareness, decongestion of the cases in the dockets of various courts, and promoting the growth and effective functioning of the justice system through ADR methods in Lagos State. The LSW, in achieving its objectives, has impacted the integral part of the Lagos State THEMES Agenda by assisting to uphold Law and Order as captured under Pillar 6; Security and Governance and ensuring that the wheels of Justice are not clogged, and continuously oiled to provide avenues for the citizens of Lagos to access Justice.
The next LSW 2023 Programme, is scheduled to hold at Eti-Osa in May 2023.
Give us an idea of the scale of fees at LMDC
The scale of fees at the LMDC, is very cost friendly. However, it is important to note that Mediation session fees are more cost effective than Arbitration Session fees, due to the complexity of the Arbitral process. The LMDC Fee Schedule, guides parties on the required fees to be paid per case.
How successful has the Banking Track under LMDC’s Commercial Intervention Strategy which allows Banks to bypass the courts and go directly for ADR, been?
The Banking Track of the LMDC was introduced with the primary objective of initiating a structured dispute resolution intervention in the banking sector; to create awareness within commerce and industry; and to facilitate referrals of commercial disputes to the LMDC for resolution through Alternative Dispute Resolution. The Banking Track kicked off in January 2010 with the Dispute Resolution Survey exercise, in which 25 Banks completed a questionnaire which revealed what dispute resolution mechanisms were used by their organisations to resolve banking disputes, and to rate the effectiveness of each of these mechanisms on a scale of 1 to 5.
The responses received revealed a need for dispute resolution intervention, and the selling point was the need for the Banks to take proactive steps to reduce their high litigation burden and consequently, their contingent liability profile. Subsequently, the LMDC has held a Settlement Week Programme using a Pilot Bank.
At a meeting with the Head of Legal of the Pilot Bank, the Bank representatives expressed their satisfaction with the Bank Settlement Week Programme and enumerated the benefits to the Bank, as including the enhancement of their Bank Brand Perception. He said that the speedy and cost-effective programme not only saved the bank money and time, but that its relationship with its customers and even external counsel was preserved and enhanced. On their own volition, the Pilot Bank recommended the programme highly to other Banks. They indicated changes in the approach by external counsel, who now notify clients (that ask them to take out a writ against the Bank) that the Bank will rather negotiate a settlement in mediation, and that the process produces more beneficial outcomes.
Recently, the LMDC Commercial Intervention Strategy (CIS) was relaunched, and the focus is on Micro Finance Banks. The strategy for the CIS is to identify and engage sectors in need of dispute resolution, and reach out to these Banks with a view to assisting in the resolution of their disputes. The first phase of identifying and contacting the Banks has been concluded, and the next phase is about to be kickstarted.
What inspired you to author the Book ‘Fundamental Principles of Law: Practice & Procedure’? It seems to be a compendium of a vast array of basic principles of law – a must have useful tool for all Lawyers?
It is commonly said that a good Lawyer is not necessarily one that knows all the laws, but one that knows where to find them.
However, as a legal practitioner, you need to be conversant with the basic principles of law relevant to your client’s case, and be able to proffer quick and effective solutions to legal issues.
I was inspired to author this book to provide a tool for the Bench, legal practitioners and law students, to easily access these fundamental principles of law drawn from judicial precedents and relevant statutory provisions, based on my experience over the years in the practice of law and while sitting on the Bench.
Lagos State Judiciary was the first to initiate and compel all Litigants to go for Pre-trial Proceedings in a Court-Connected Mediation before a Mediator. Although other States have emulated and copied that initiative now, how would you assess that Mechanism? Is it achieving its purpose?
In Lagos State, by virtue of the provisions of the High Court of Lagos State Civil Procedure Rules 2019, other settlement options must have been explored (or seen to have been explored) before resorting to litigation.
I must say that, the ADR Track has immensely contributed to the decongestion of the court docket of cases that can easily be resolved in mediation. From the year 2013 to date, over 7800 cases have been found suitable for ADR, and 57% of the cases concluded have been settled successfully in mediation.
Can matters of a criminal nature be handled by LMDC?
Not all criminal cases can be referred to the LMDC for amicable resolution; criminal cases such as rape, murder, armed robbery, cannot be referred to the LMDC.
However, the LMDC receives referrals of criminal cases (simple offences) from the Restorative Justice Hub at the Lagos State Ministry of Justice. Consequently, where an offender or Defendant has pleaded guilty to an offence in open court, the Magistrate may refer the case for Restorative Justice to the Lagos State Restorative Justice Hub, which thereafter refers the matters to Restorative Justice Outlets such as the LMDC for Restorative Justice facilitation. This is to encourage persons who commit minor offences not to end up in jail, but face non-custodial sentences including fines, restitution orders, community service orders.
In concluding, I wish to seize this opportunity to thank my Lord, the Honourable Chief Judge of Lagos State, Honourable Justice Kazeem Olanrewaju Alogba for his unflinching support to the LMDC . His visionary leadership in the Lagos State Judiciary, has helped the Council in moving the LMDC forward as the foremost leading ADR Centre in Africa. My gratitude goes to the Members of the Governing Council, for their support and commitment towards ensuring the development and growth of the LMDC. And, finally to the Management and Staff of the LMDC, who have worked tirelessly throughout the years. Above all, I thank God Almighty for this privilege and the honour to serve. God bless you.
Thank you, Your Lordship.
