Raffles Mediation
Chambers Ltd.
The best way to resolve a dispute amicably, that is cost effective and fast!
Raffles Mediation Chambers offers world class, high level, professional and cost effective private mediation services. We tailor our services to the needs of a particular case and parties to help guide them to a satisfactory resolution of their disputes. Confidentiality is assured as is our adherence to ethical standards. We are situated at the economic centre of Africa in Lagos, Nigeria, and are able to conduct both domestic mediations, as well as cross border ones throughout the continent and beyond.
What is Mediation?
Mediation is a voluntary, non-binding, and "without prejudice" process in which a specially trained neutral third party intervenes in a dispute and attempts to bring the parties together into a settlement agreement.
If the mediation succeeds, and reportedly 80% generally do, it ends with a binding agreement.
If anyone is dissatisfied with the process, either party or the mediator may terminate the mediation at any time. They may then proceed to assert their legal rights through arbitration or the courts.
Advantages of Mediation
There are a number of advantages to mediating a dispute rather than litigating. These include:
01
Speed of Dispute Resolution
People rarely enjoy being in conflict and going to court. It is worrying, time consuming, and a drain on both financial and managerial resources. Mediation sessions can be set up very quickly - within days if necessary -unlike the judicial system or arbitration. In commercial disputes it can be most important that the dispute is settled quickly in order that the normal flow of business may continue.
02
Parties have a say in the resolution
As parties demand an even greater say in shaping their own future by becoming more involved in the day-to-day decisions affecting them, the current adversarial legal system of going to court is being questioned and challenged. Even arbitration is perceived by some as being long-winded and costly, and many argue that arbitration is simply replacing one binding decision-making process with another. In short, people feel the need to regain control over the decisions in their disputes. In mediation, it is the parties themselves that come up with the resolution, with the mediator playing a facilitation role.
03
Improves Communication
People in conflict tend to take up rigid positions and resort to communicating with the other party
via their solicitors. This can very often lead to misunderstandings arising due to the length of the
communications chain and the lack of intimate knowledge of the case by the solicitors. The
face-to-face meetings which occur at the mediation allows open communication directly between the parties and the carefully managed transfer of information by the mediator. The mediator has to be careful in controlling the mediation and make sure passions and emotive language do not interfere with the settlement process.
04
Cost Savings
This is a fairly obvious and major advantage. Because cases can be settled quickly, not only legal costs, but time costs of management are kept to a minimum.
05
The Process of Mediation is Flexible
Mediation is voluntary, non-binding and without prejudice. It also has no formal rules of procedure, so the mediator can use the process flexibly to suit the circumstances of the dispute.
It addresses unreasonable claims and expectations People who believe they are in the right very often become self-righteous, and get an over inflated perception of their case. The careful analysis of the dispute which takes place in the private and confidential meetings serves to put the case safely into perspective, and very often a skilled mediator will succeed in getting the party to view the case from the other party’s perspective.
06
The Settlement is Legally Enforceable
Once parties reach a settlement, it is recorded as an agreement which the parties sign. The agreement is legally enforceable, which means parties are required to follow it. If there is litigation in court which the agreement resolves, then it puts an end to the litigation. The parties present it to the court as a draft consent order or otherwise notify the court that a settlement has been reached and the litigation is to be ended.
07
The Singapore Convention on Mediation
The United Nations Convention on the International Settlement Agreements Resulting from Mediation, is known as the Singapore Convention on Mediation given it was presented for signature there in 2019. It is a helpful tool for mediation as it allows for the automatic enforcement of settlement agreements arising form a mediation in the signatory countries. To date, 59 countries have signed the Singapore Convention on Mediation, including Nigeria which was an original signatory in 2019. Nigeria ratified the Singapore Convention in 2023 and it will enter into force in May 2024.
Why Mediation?
There are a number of reason why Mediation is appealing at the individual level, these include:
It gets things off your chest
The opportunity to sit down with the other party and tell them face-to-face what has occurred and what the effect on you has been goes a long way to defusing the situation and set the stage for the real work of reaching a settlement
Equivalent of a day in court
People have an innate desire to stand up and tell the world when they have been wronged. Even though the mediator is not a judge or jury and the mediation session is private, the mediator's very presence as an outside, neutral party fulfills this emotional need
See your solicitors in action
Up to this point, they will only have had private meetings with their legal advisors and received
letters from them. Now they have a chance to see them present their case and know something is finally happening
Hear the issues and facts
This is also part of the communication process. It allows both parties to hear all the facts and issues together. They may not perceive them as being correct, and it will be the mediator’s job to define and clarify the issues, but it does mean that all parties have listened to the same story.
It unearths the real issues
Sometimes, if a mediation does not settle on the day, it is because the real issues have only now been discovered and one or both of the parties may wish to discuss these with colleagues before continuing. A second session may of course be set up by the mediator - that's the beauty of a flexible procedure.
A Comfortable Environment
In an environment with a Judge, Jury or formal audience, it can be stressful to maintain a desired image and avoid negative judgement. In a mediation setting, you have the comfort of knowing that reaching a settlement is within you and your counterparty's full discretion.
Ready to find out more?
If you are looking to resolve a dispute, or if Mediation sounds like the solution for you, send us a message below to set up an introductory call - free of charge!