Delta State Multi-door Courthouse Law 2012

DELTA STATE MULTI-DOOR COURTHOUSE LAW 2012

1. Short Title and Commencement. This Law may be cited as the Della State Multi-Door Courthouse Law 2012 and shall come into force, on the 6th buy of November, 2012.

2. Interpretation. In this Law, unless the context otherwise requires: ?ADR Judge? refers to the Judge who has been appointed by the Chief Judge of Delta State to carry out such activities and functions as combined in this Law; ?Alternatives Dispute Resolution? includes the entire regime of alternatives to litigation that involves third party intervention to assist in the resolution of dispute; ?Arbitration? is a simplified means of trial without the technicalities ot litigation. In Arbitration, a dispute is submitted to an Arbitrator(s) for resolution who gives a binding award which is enforceable in the same way and manner as a judgment of the court; "Department of people?s Right" means the mediation center set up by the Del ta State Ministry of Justice; ?Council" means the Governing council of the DSMDC constituted as provided for tinder section 7 of this Law; ?Counsel ?means a person called to the Nigerian Bar; "Director General" means the Director General of the DSMDC; ?Governor" means the Governor of Delta State; ?In-House Neutrals" include Mediators, Arbitrators, Negotiators, conciliators and Neutral Evaluators or any other person, who are engaged as such at the DSMDC; ?Mediation" is a process for resolving disputes with the aid of a Neutral who assists parties, privately and collectively, to identify the issues in dispute and to reach settlement of the dispute and mutually accept them; ?Neutral Evaluation" is a preliminary, non-binding assessment of facts, evidence or legal merits by a neutral who shall be a judge, an experienced lawyer or such person with the requisite background and expertise in given field. ?Panel of Neutral" refers to a corp of mediators, arbitrators, negotiators, conciliators and neutral evaluators and any other person so appointed, who have considerable experience in their practice field, and who are selected by the Screening and Selection Committee of the DS MDC, and who carry out duties at the specific request of the DS MDC; ?Screening and Selection committee? is a Committee set up by the Governing Council, for the purpose of selection and appointment of suitably qualified persons to the DSMDC panel of Neutrals; ?Settlement /Agreement" means the Terms of Settlement oi memorandum of understanding or any agreement by whatever name reached, through mediation between disputing parties und which shall be enforced as the consent judgment of the Court, on due endorsement by an ADR Judge or any ether Judge, so directed by tile Chief Judge and registration at the Registry of the High Court of Justice, Delta State; ?Settlement week? means a week set aside by the Chief Judge of the State, for specific Courts to clear the backlog of cases through means, which include referral to the DSMDC for possible resolution through meditation, arbitration, neutral evaluation or any other ADR procedure: "State" means Delta state of Nigeria; ?Judicial Service Commission? means the Judicial Service Commission of Delta State;

3. Establishment of the Delta State Multi-Door Courthouse. (1) There is hereby established a body to be known as the Delta State Multi-Door Courthouse (referred to in this Law as “DSMDC"); (2) The Delta State Multi-Door Courthouse shall be: (a) an independent, non-profit body corporate with perpetual succession and a common seal; (b) a court connected to Alternative Dispute Resolution Centre with its offices located within the High Court of the State and my other suitable location as the Council shall approve.

4. Overriding objectives of the DSMDC. The objectives of the DSMDC ate to: (a) enhance access to justice by providing alternative mechanisms to supplement litigation in the resolution of disputes; (b) minimize citizen frustration and delays in justice delivery by providing a standard legal framework for fair and efficient settlement of disputes, through Alternative Dispute Resolution (ADR); (c) Serve as the focal point for the promotion of Alternative Dispute Resolution in the State; and (d) promote the growth and effective functioning of the justice delivery system, through Alternative Dispute Resolution methods.

5. Functions and powers of the DSMDC. The functions of the DSMDC shall include: (1) Apply mediation, conciliation, negotiation, arbitration, neutral evaluation and any other ADR mechanisms in the resolution of such disputes as may fi om time to time be referred to the DSMDC, from the High Court of Justice, the State, Courts of other jurisdiction outside the State, Federal Courts, Private Persons, Corporations, public institutions and dispute resolution organizations. (2) Encourage disputing parties to appear before the DSMDC for the resolution of their disputes. (3) Assist parties in the resolution of their disputes and act as administrators in the conduce of ADR proceedings locally or internationally. (4) Publicize its services by informing and sensitizing the public about its facilities. (5) Render assistance in the conduct of ad-hoc arbitration or mediation proceedings. (6) Encourage disputing parties whose matters are already listed before the court for hearing to appear before the DSMDC to explore settlement options. (7) Maintain registers of suitably qualified persons to act as mediators, arbitrators or natural evaluators. (8) Promote or undertake projects or other activities including but not limited to the settlement week which in the opinion of the Council will further assist in decongesting the courts and help to achieve the purpose for which the DSMDC was established.

6. DSMDC Collaborations. (1) In giving effect to its overriding objectives, the DSMDC shall: (a) maintain working relationship with reputable and recognized organizations including but not limited to the department of People's Rights of the State of towards, the enhancement of its operations, services and referrals of matters to the DSMDC on terms and conditions agreed upon by the parties; and (b) Cause settlement agreement or other memorandum of under-standing duly signed by disputing parties endorsed by ADR judge or any other judge as may be directed by the Chief Judge to become binding and enforceable by the sheriff under: (i) Section 11 of the sheriffs und civil process Act; or (ii) There legislation for the lime being in force. (2) Any agreement reached by the parties shall be filled at the DSMDC and registered along with all the necessary attachments.

7. Governing Council. (1) The overall supervision of the DSM DC shall vest in the Governing Council (referred to in this Law as “the Council”) and shall have the functions assigned to it by this Law. (2) The Council shall: (a) consider and approve the annual budget of the DSMDC; (b) approve the remuneration and conditions of service of staff of the DSMDC. (c) initiate or validate proposals to restructure and expand the DSMDC. (d) assume the relationship between the DSMDC and other private or government establishments; (e) assume responsibility for existing rights, liabilities, claims, and agreements entered into with regard to the DSMDC; and (f) do other things as the council shall consider appropriate for the overall development and growth of the DSMDC, to enhance the effective administration and delivery of justice.

8. Chairman of the Governing Council. (1) The overall supervision of the Council shall reside in a chairman who shall be the Chief Judge of the State. (2) The Chairman shall preside at the meeting of the Council, and shall have power as delegate his duties as Chairman of the Governing Council to the Vice-Chairman. (3) The Governing Council shall appoint one of their members as Vice Chairman who shall be a respected renowned professional with at least a graduate degree from a reputable University and not less than 10 years ‹sf notable practical experience in his chosen field and also relevant interest and qualification in ADR.

9. Composition of the council. (1) The Council shall consist of the following: (a) the Chairman who shall be the Chief Judge of the State; (b) two ADR Judges appointed by the Chief Judge; (c) the Attorney-General of the State; (d) representative of the Nigeria Bar Association (to be rotated amongst the branches in Delta State); (e) The Director General of the DSMDC; (f) one representative of the Private Sector; and (g) one person whose membership in the opinion of the Council will assist with the promotion of ADR in the State. (2) The members of the Council shall not exceed nine (9) at any given time including the Chairman, and Vice-Chairman. (3) The proceedings of the Council shall be in accordance with the regulations contained in the Schedule to this Law. (4) Subject to the provisions of this Law, a person appointed to be a member of the Council except those appointed in accordance with Section 9 (1) a, b, and c of this law, shall held office for a period of three years from the date of his appointment and shall be eligible for re-appointment for one further term of two (2) years. (5) A person shall cease to be a member of the Council, if such a member by a letter addressed to the Chairman of the Council resigns his appointment, or is removed under section 10 of this Law.

10. Removal of members of the council. (1) Any member of the Council shall he removed by two-thirds majority of members of the Council after consultation and recommendation of the Chief Judge for any of the following reasons: (a) misconduct; (b) absence from; or (c) inability to perform the functions of his office; (d) conviction of fraudulent act; and (e) unsound mind. (2) Subject to subsection (1) of this section, any member who is absent from two consecutive ordinary meetings of the Council, except those appointed in accordance with section 9 (1) a, b, and c of this Law, must fi le his explanation in writing with the Secretary for consideration of the Council, and if the explanation is not accepted by the Council, the council shall by majority vote request the Chief Judge to declare the office of that member vacant.

11. The Chief Judge of the State. (1) It shall be the responsibility of the Chief Judge of the State: (a) appoint the members of the Governing Council in accordance with the provisions of section 9 of this Law; (b) promote the growth and development of the DSMDC including its integration within the Judicial System and (c) make other contributions which shall enhance the activities of the DSMDC rind to further the overriding objectives.

12. The Director-General of the DSMD. (1) There shall be an officer of the DSMDC to be known as the “Director-General” who shall be appointed by the Council. (2) The Director-General shall: (a) be the Chief Executive Officer of the DSMDC and shall be responsible for the overall development, promotion and administration of the DSMDC; (b) possess at least a first degree in law from a reputable university and not less than ten years post call experience and possess considerable knowledge and skill in ADR; and (c) hold office for a period of five (5) years which shall be renewable for another period of three (3) years by the Chief Judge on such terms and conditions as may be specified in the letter of appointment.

13. Officers of the DSMDC. (1) The Council may or the recommendation of the Director Genes al appoint from time to time such number of members of staff needed tor the efficient performance and actualization of the functions of the DSMDC and upon such terms and conditions specified by the Council. (2) The Council shall without prejudice to the power conferred on the Director-General, have powers to appoint such numbers of Directors that will be necessary for the effective performance of the DSMDC. (3) The DSMDC shall have the following four departments namely: (a) Arbitration; (b) Negotiation; (c) Reconciliation; and (d) Mediation.

14. Appointment of Secretary. The council shall appoint a Secretary who: (a) Shall be a person with experience and knowledge in alternative dispute resolution. (b) Shall perform such duties as the council or the director general may determine. (c) The secretary to the council shall: (i) Ensure that all meetings of the council are held (ii) Oversee the preparation of notice, agenda and take minutes of meetings, and (iii) Take custody of the seal.

15. Staff Regulations. Subject to the provisions of this Law, the Council shall make staff regulations relating generally to the conditions of service of the employees of the DSM DC and without prejudice to the generality of the foregoing, such regulations shall provide for the appointment, promotion and discipline of employees of the DSMDC.

16. Alternative Dispute Resolution (ADR) Judges. (1) The Chief judge of the State shall designate and appoint not less than three ADR Judges to take responsibility for the promotion of ADR within the judiciary. (2) Two of the Judges so designated as ADR judges shall be nominated us members of the Governing Council by the Chief of Judge of the State. (3) Where any of the parties to an act ion at the DSMDC refuses or neglects to appear before the DSMDC as requested, the par ty shall be requested to appeal before the ADR Judge who shall make orders and give directives as shall be considered disenable in fulfillment of the overriding objectives of the DSMDC. (4) ADR proceedings shall take place in the premises of the I9SMDC or in the regular Court of the ADR Judge, or any venue agreed on by the parties. (5) Any Settlement, Agreement oi Memorandum of Understanding daily signed by disputing parties shall upon being filed at the DSMDC, be presented to an ADR Judge, or any other judge as directed by the chief bridge, for enforcement as Consent Judgment of the High Court is time, of the State.

17. Responsibility of the judges of the High Court. (1) It shall be the responsibility of the judges of the High Court of justice, of the State to further the cause of ADR and give effect to the overriding objectives of the DSMDC by: (a) referring to the DSMDC any matter before him, which in his opinion will be best disposed of by the use of ADR mechanism; (b) encouraging the use of the DSMDC for the settlement of disputes by Alternative Dispute Resolution (ADR) in accordance with Order 25 R 1.1; (c) avoiding the assumption of the role of a mediator in the course of a pre-trial conference; (d) inquiring fi om parties, efforts made at ADR and examine the reasons stated for a failed attempt towards resolving the issue and explore ADR in the resolution of disputes; (e) ensuring that parties and counsel show proportionate and responsible behavior in their pursuit of litigation and explore ADR in the resolution of disputes; (f) controlling and managing effectively proceedings in court and issue orders which would encourage the adoption of ADR methods in dispute resolution, including the mandatory referral of parties to explore settlement at the DSMDC whenever one of the parties to an action in courts is willing. (g) adopting best known international practices and appropriate measures towards the promotion and development of an ADR consciousness among parties and their counsel including orders as to cost and other orders or directions as the court shall consider appropriate; (h) discouraging the continuation of proceedings in court until parties referred to the DSMDC have through their counsel confirmed submission to proceedings at the DSMDC; (i) recognizing and giving effect to dispute resolution clauses contained in agreements between parties; and (j) ensuring the adoption and enforcement of Terms of Settlement and Awards reached at the DSMDC is the same as a judgment or order of Court.

18. Role of Counsel. (1) The responsibility of Counsel in regard to ADR is to the Court, the DSMDC and the legal profession. (2) Counsel has a duty to expose clients to alternative methods of dispute resolution and explore with them the most appropriate mechanism in the resolution of matters brought before them. (3) Counsel shall: (a) give due consideration and support to suggestions, orders and directives fi om the Court for an amicable settlement or the referral of on-going matters to the DSMDC; (b) give regard and ensure clients accord respect to notices, invitations and directives from the DSMDC; and (c) further the cause of ADR and give effect to the overriding objectives of the DSMDC.

19. Role of Disputing parties Regulations. (1) Disputing parties have a responsibility to the DSMDC and to the ADR process and are to cooperate with officers of the DSMDC in the administration of their dispute. (2) The parties shall: (a) consider seriously the adoption of ADR procedures for resolving their claims or issues when encouraged to eta so by the court, their counsel or DSMDC; (b) initiate the resolution of an on-going dispute through ADR and have due regard for notices and directives from the DSMDC; (c) ensure personal attendance at ADR sessions and where the party is a corporation or body, ensure attendance, of a suitable high ranking official with authority to settle the dispute on behalf of the corporation or body; (d) attend the ADR session in good faith without undue request for adjournments or unwanted delays and comply with directives from the court rind the DSMDC practice direction; and (e) prepare adequately for an ADR session, be actively involved and be willing to explore various options toward settlement.

20. Enforcement of Settlement Agreements and Awards. (1) Upon the completion of an ADR proceedings, Settlement Agreements which are duly signed by the parties shall be enforceable as a contract between the parties and when such agreements are further endorsed by an ADR Judge or any other person as directed by the Chief Judge, it shall be deemed to be enforceable under Section 1.1 of the sheriff Civil Process Law. (2) Arbitration Awards shall be enforced as provided for in the Arbitration and Conciliation Act, Cap. A 18, Laws of the Federation of Nigeria 2()04 or such other amended legislation. (3) Customary arbitration awards shall be enforced upon endorsement of the award by an ADR Judge, who shall satisfy himself that, the award was validly made by the arbitrators appointed by the parties.

21. Panel of Neutrals. (1) (a) There shall be a selection Committee to be appointed from time to time by the Chief Judge in consultation with the Attorney General. (b) The Selection Committee shall establish and maintain a body of mediators, arbitrators and neutrals as shall be required in response to ADR needs, and this body shall be known as the Panel of Neutrals. (2) The Panel of Neutrals shall be constituted by the Council on recommendation of the Selection Committee. (3) The panel of Neutrals shall comprise individuals who have: (a) distinguished themselves in their chosen location. (b) considerable relevant experience in that particular field ADR practice; and (c) been trained and duly certified by a reputable and recognized organization in such field expertise. (4) The DSMDC shall also maintain a limited body of in-house Neutrals whose terms of engagement shall be approved fry the Council. (5) The fees payable to the Panel of Neutrals for set vices rendered at the DSMDC shall be in accordance with the stipulated guidelines as approved by the Council. (6) The Council shall after due consultation with Selection committee, remove a member of the panel of Neutrals on grounds of misconduct or inability to perform the functions of a member of the panel.

22. Establishment of fund DSMDC. (1) The DSMDC shall establish and maintain a fund which shall be applied towards the DSMDC realization of its objectives and functions. (2) There shall be paid and credited to the fund established pursuant to subsection 1 of this Section, the following: (a) grants as may be provided by the Government of the State based on the budget presented; (b) sums accruing to the DSMDC by way of aid, gifts, testamentary dispositions, endowments or contributions by persons or organization. (c) fees paid for services rendered by the DSMDC or for the utilization of its facilities; and (d) other sums which may from time to time accrue to the DSMDC in the form of grants, a wards or any other form of support by private per sons, organizations or any other source. (3) The DSM DC shall not accept any aid, gifts, testamentary dispositions, endowments or contributions by persons or organization if the conditions attached are inconsistent with or inimical to the objectives and functions of the DSMDC. (4) The DSMDC may subject to the provisions of this Law, and the conditions of any fund created in respect of any property invest its funds, including any of its surplus funds on any securities or such other ventures as shall be directed by the Council.

23. Accounts and audit. (1) The DSMDC shall maintain accounts in any bank as shall be approved by the Council (2) The Council shall - (a) cause to be prepared not later than the 31st day of October, each year, an estimate of the income and expenditure, cash flow and other necessary accounting requirements towards ensuring a transparent statement of accounts; (b) cause to be kept, proper accounts and records of the DSMDC in relation to its DSMDC income, expenditure, cash flow and other necessary accounting requirements towards ensuring a transparent statement of accounts. (3) The accounts of the DSMDC shall be audited each year by auditors appointed by the Council.

24. Annual Report. (1) The Director General shall submit to the Governing Council a bi-annual report of the activities of the DSMDC, including statistics of cases, during the immediate preceding year, or for such periods as the Council may require. (2) The Annual Report shall include the audited accounts of the DSMDC and the auditor’s report on those accounts.

25. Exemption from Tax. The DSMDC shall not be liable to tax on its income, expenditure or other transaction by any government or authority in the State.

26. Service in the DSDMC and Pension. (1) Notwithstanding the provisions of the Delta State Pensions Law: (a) service in the DSDMC shall be the approved service for the purposes of that Law; and (b) accordingly other officers and persons employed by the DSMDC shell in respect of their service in the DSMDC be entitled to pensions and other retirement benefits stated in the contract of employment oi the Staff Handbook. (2) However, nothing in this Law shall prevent the appointment of a person to an office on term ins which precludes the grant of pensions and other retirement benefits in respect of that office.

27. Provision of Library Facilities. The DSMDC shall establish and maintain a physical and virtual library comprising books, records, reports and publications as shall be necessary for the advancement of knowledge in the areas of activities undertaken by it, for research purposes and for other purposes connected with the functions of the DSMDC by oi pursuant to this Law.

28. Legal Proceedings against the DSDMC. (1) No suit shall commence against the DSDMC before the expiration of a period of one month after a written notice of intention to commence the suit shall have been served on the DSMDC by the party intending to sue oi by his solicitor und such notice shall clearly and explicitly stale the: (a) cause of action and the particulars of claim; (b) name and place of abode of the party intending to sue; and (c) the relief which he claims. (2) No legal action shall commence in any court of Law against the DSMDC, the Director General, any member of the Council or any of the officers in relation to any activity or matter conducted in the course of business without an initial submission of the dispute or concern to mediation, which mediation shall be conducted in accordance with the DSMDC Mediation Procedure Rules. However, such action must commence within twelve months after the act, neglect or default complained of or, in the case of a continuance of damage or injury the cessation thereof. (3) The choice of the mediator shall be mutually agreed by the parties, failing which, an ADR judge who is not a member of the Governing Council shall appoint a mediator. (4) No member of DSMDC or any member of the DSMDC panel of Neutrals shall be liable for any act or omission comn1itlcd in relation to the conduct of mediation, arbitration, neutral evaluation or other ADR processes except the act or omission is of a fraudulent nature.

29. Mode of Service Documents on the DSMDC. The notice referred to in subsection 1(a) of Section 30 of this Law and any summons, process or other document required or authorized to be served on the DSMDC under the provisions of this Law, or any other Law, shall be served by delivering the same to the DSMDC, or by sending it by registered post to the DSMDC office situated at the High Court of Justice, of the State.

30. Practice Directions and Rules. The Chief judge shall: (1) Issue practice Directions as are considered necessary for the effective utilization of the DSMDC in the administration of justice in the High Court of Justice, of the State; and (2) make rules or procedures or issue practice directions as shall be necessary for the DSMDC in the administration and effective delivery of Alternative Dispute Resolution services at the DSMDC. DELTA STATE MULTI-DOOR COURTHOUSE LAW 2012 Supplementary provisions relating to the Council Proceedings Powers

1. The council shall make standing orders to regulate its own proceedings or of any Committee created by it which shall not be in conflict with the practice direction issued by the Chief Judge.

2. The quorum of the Council meeting shall be five (5), if a quorum is not formed at the time of any meeting, the members present shall have the power to adjourn such meeting.

3. The quorum of any committee of the Council shall be determined by the Council.

4. At any time while the office of the Chairman is vacant or the Chairman is in the opinion of the Council, permanently or temporarily unable to perform the functions of his office, the Vice-Chairman shall perform those functions and the references in the Law to the Chairman shall be construed accordingly. Meeting of the Council

5. The Council shall meet at least twice in each calendar year.

6. Subject to the standing orders of the Council, the Council) shall meet whenever it is summoned by the Chairman; and if the Chairman is required to do so, by notice given to him by not less than five (5) other members, he shall summon a meeting of the council to be held within fifteen days from the date on which the notice is given.

7. Where the council desires to obtain the advice of any person on a particular matter, the council shall co-opt him as a member for a period as it deems fir but that person who is a member by virtue of this paragraph. shall not be entitled to vote at any meeting of the council and shall not count towards a quorum. d. Members of the Council shall be paid out of monies at the disposal of the DSMDC such traveling, sitting and subsistence allowance in respect of any period spent on the business of the DSMDC.