Resolution of construction disputes by lagos state multi-door courthouse (LMDC)
By: Oke, A. E
.
Contributor(s): Lawal, H. O.
Publisher: Pune NICMAR 2013Edition: Vol.28(2), Apr-Jun.Description: 5-16p.Subject(s): Construction Engineering and Management (CEM)Online resources: Click here
In:
NICMAR Journal of construction managementSummary: Alternative Dispute Resolution (ADR) methods can be used in multiparty disputes to reach an agreement that is fair to all parties in an atmosphere of cooperation and mutual respect and this can help to restore relationship while advancing the interests of the parties. The Lagos State Multi-Door Courthouse (LMDC) law was promulgated in 2007 to create a legal framework for the operations of the LMDC and the proper environment for the fulfillment of its overriding objectives and to make LMDC a vital part of the judiciary of Lagos state, Nigeria in the resolution of disputes through ADR techniques. This study assessed the performance and the effectiveness of the Lagos state Multidoor Courthouse in terms of the cases referred to it, the techniques in resolving the cases, as well as the time and cost implication of the cases. In order to arrive at reasonable conclusion, data collection sheet was used to collect past record and historical data from the Lagos State Multi-door Courthouse and this data were subjected to statistical analysis using descriptive (mean, media, mode) and inferential (ANOVA) statistics. It was observed that most cases referred to the court were from individual or one party to the dispute. The study shows that the most frequent dispute resolution method used by the court is mediation and arbitration. It further shows that the court saves time and cost when compared to the judicial proceedings. It was concluded that instead of the traditional "mono-door" technique of litigation leading to the courtroom, the Lagos State Multi-door Courthouse has alternative and supplementary door or option which is closely related in term of time and cost by which disputants can resolve their disputes. The study finally recommended that Alternative Dispute Resolution methods (ADR) should be included into the conditions of contract for construction projects as a primary means of resolving dispute.
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School of Engineering & Technology (PG) Archieval Section | Not for loan | 2024-0802 |
Alternative Dispute Resolution (ADR) methods can be used in multiparty disputes to reach an agreement that is fair to all parties in an atmosphere of cooperation and mutual respect and this can help to restore relationship while advancing the interests of the parties. The Lagos State Multi-Door Courthouse (LMDC) law was promulgated in 2007 to create a legal framework for the operations of the LMDC and the proper environment for the fulfillment of its overriding objectives and to make LMDC a vital part of the judiciary of Lagos state, Nigeria in the resolution of disputes through ADR techniques. This study assessed the performance and the effectiveness of the Lagos state Multidoor Courthouse in terms of the cases referred to it, the techniques in resolving the cases, as well as the time and cost implication of the cases. In order to arrive at reasonable conclusion, data collection sheet was used to collect past record and historical data from the Lagos State Multi-door Courthouse and this data were subjected to statistical analysis using descriptive (mean, media, mode) and inferential (ANOVA) statistics. It was observed that most cases referred to the court were from individual or one party to the dispute. The study shows that the most frequent dispute resolution method used by the court is mediation and arbitration. It further shows that the court saves time and cost when compared to the judicial proceedings. It was concluded that instead of the traditional "mono-door" technique of litigation leading to the courtroom, the Lagos State Multi-door Courthouse has alternative and supplementary door or option which is closely related in term of time and cost by which disputants can resolve their disputes. The study finally recommended that Alternative Dispute Resolution methods (ADR) should be included into the conditions of contract for construction projects as a primary means of resolving dispute.
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