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Conciliation

The document discusses the roles of conciliators and mediators in Alternative Dispute Resolution (ADR), highlighting their functions in helping parties identify issues and reach agreements. It emphasizes that while conciliators may offer advice, mediators do not influence the outcome of the mediation process. Additionally, it outlines the importance of ADR in legal practices and encourages lawyers to inform clients about ADR options before pursuing litigation.

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vdhilip1993
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2 views

Conciliation

The document discusses the roles of conciliators and mediators in Alternative Dispute Resolution (ADR), highlighting their functions in helping parties identify issues and reach agreements. It emphasizes that while conciliators may offer advice, mediators do not influence the outcome of the mediation process. Additionally, it outlines the importance of ADR in legal practices and encourages lawyers to inform clients about ADR options before pursuing litigation.

Uploaded by

vdhilip1993
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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third party, called the

Conciliator, helps people


dispute to identify the
disputed issues, develop
options, consider alternatives
and try to reach an agreement.
A conciliator may have
professional expertise in the
subject matter in dispute and
may generally proffer advice
about the issues and options
for resolution.
MEDIATION is an ADR process where an
independent third party (the Mediator),
assists the people in dispute to identify the
disputed issues, develop options, consider
alternatives and try to reach an agreement.
However, the mediator does not give an
advice or opinion about the issues or have any
role in deciding the outcome of the mediation.
At mediation, you will generally be asked to
talk directly to the others involved in the
dispute and may also have separate sessions
with the mediator.
MEDIATION CONTINUES:

There is always breaks for


each person to reflect on the
discussion and get advice or
support if the need it.
Mediation may be voluntary,
court ordered or required as
part of a contract. It may also
be part of a court or
government agency process.
MORE ABOUT ADR: ADR has come to stay.
According to the Nigerian Bar Association Rules of
Professional Conduct (RPC), Rule 15(3)(d) of 2nd
January 2007 provides that ‘In his representation of
his client, a lawyer shall not fail or neglect to inform
his client of the option of Alternative Dispute
Resolution Mechanisms before resorting to or
continuing litigation on behalf of his client’. Lawyers
are to acquaint themselves with ADR Processes.
The courts of this country
should not be the places
where the resolution of
disputes begin. They
should be the places
where disputes end –
after all means of
resolving disputes have
been considered and
tried”

- Justice Sandra Day O’Connor


INSTANCES REQUIRING ADR IN
Disputes
FRSC DAY TO DAY
arising OPERATION:
from patrol
activities.
Disputes arising from legal
agreements.
Employee/Employee dispute
arising from the application
of the disciplinary
processes.
Disputes arising from
determination of authenticity of
next of kin of deceased

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