Law & Human Rights

December 19, 2019

LMDC considers mediation for criminal cases

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By Chiamaka Uba

Mediation in criminal cases may soon become another innovation into the criminal justice reform system going by the plans by Lagos Multi-Door Court House (LMDC)

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Director of the Centre, Mrs. Adeyinka Aroyewun, made the revelation a during the end of year neutrals’ parley and dinner held in Lagos

Responding to concerns raised by mediators, Mrs. Aroyewun said: “The centre is also considering mediating over criminal matters and we want mediators to be involved instead of magistrates.”

On the issue of funds, she expressed concern over the meagre amount mediators earn and expressed hope that it would get better, adding that she would soon retire and join mediators.

She explained: “If it is walk-in matters, the parties pay and it goes into the single treasury account of Lagos State and we have no control over it. But if it is court-referred, it is free, they don’t pay any money. We don’t charge for it.”

She admonished mediators not to refer parties to any institution for services, such as clinical tests and legal representation, explaining that because mediation is time-bound, mediators who are not free when contacted can decline so that those who are available can do the work. “Tell them to Google if they ask you to do so for them’, she quipped.

Deputy Director, LMDC, Mrs. Achere Cole, taking the overview of mediator’s ethics, integrity and professionalism, explained that ethics is not just how you feel but should be international best practices.

“We have substantive and procedural ethics. The mediator provides information and promotes public confidence, impartiality and confidentiality. The bottom line should be – would the parties be okay with that? It is about self-determination because parties own the case.

“We cannot afford to breach the ethics of confidentiality. To what extent are our mediators discussing matters outside the room?” She asked, adding that it is wrong for mediators to discuss cases they handled in public since they don’t know who may identify any of the parties.

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According to her, it has become very imperative for mediators to state very clearly in their dockets, their core competences.

Vanguard