Monday, 25 February 2019

Mediation Models: Which is Best?

Nigerian mediators, (by this I mean mediators who are Nigerians practising mediation in Nigeria) are fixated on the facilitative mediation model. This fixation is because the training they receive limits the horizon. Also, the increase in the court-connected ADR programmes across the country places lawyers in the driver's seat heading mediation in the direction of evaluative processes. However, confusion ensues when such court-connected ADR programmes claim they provide mediation services. The Lagos Multi-Door Court House, for instance, reports that mediation receives the highest number of users in its programme. Walk-ins account for more than 50% of this intake. 

In subsequent blog posts, I seek to explain why there is a persisting resistance to other forms (models) of mediation arising from a gross misunderstanding of mediation itself. I will attempt to explain why lawyers are in the forefront of mediation practice in the country and why they are the ones who have failed to view mediation as more than a method of reaching and obtaining a settlement (whatever that means).