COVID-19 ALTERNATIVE DISPUTE RESOLUTION (ADR) INITIATIVE

Frequently Asked Questions

What are the core objectives of CADRI?

Everyone has suffered financial and personal loss as a result of the pandemic known as COVID-19. The COVID-I9 ADR INITIATIVE (CADRI) seeks to minimize further loss by encouraging disputants to resolve COVID-19 related disputes on time, at lower cost and if possible, in a manner that enables continued business relationship between the parties. To this end, lawyers, law firms, legal advisers, in-house counsel, individuals and corporations are encouraged to sign a pledge to settle COVID-19 related disputes by ADR and only go for litigation as a last resort.

What types of COVID-19 related disputes are covered by CADRI?

The CADRI scheme applies to the following categories of cases:

Category 1: Disputes that have arisen as a result of the impact of the COVID-19 pandemic on contractual or other obligations, where both/all parties have agreed to resolve such disputes under the CADRI scheme.

Category 2: Ongoing litigation cases which are delayed because of the impact of the COVID-19 pandemic on courts’ operations, and which the parties have agreed to stay and submit for resolution under the CADRI scheme.

Category 3: Prospective litigation cases that will be delayed due to the impact of the COVID-19 pandemic on courts’ operations, which both/all the parties have agreed to submit for resolution under the CADRI scheme rather than by litigation.

Category 4: Prospective cases where at least one of the parties is a business established in an African country and both/all the parties have agreed to resolve the dispute under the CADRI scheme rather than under a previously agreed dispute resolution method.

What is a COVID-19 related dispute?

Covid-19 related disputes are commercial and contractual disputes described as follows:

Disputes which have arisen as a result of the COVID-19 pandemic.
Ongoing litigation that is delayed as a result of COVID-19 and which the parties agree to submit for resolution through CADRI.
New disputes, whether arising from the COVID-19 pandemic or not, which parties do not wish to process through the courts because of delays that will be caused by the COVID-19 pandemic.

Are employment and insurance disputes covered by CADRI.

Yes. They are contractual relationships.

What are the rules and procedures under which CADRI will operate?

CADRI is a platform created to link disputants with resources for faster and cost-effective dispute resolution services.

The Arbitration and ADR services are being rendered by CADRI Administering Collaborating Partners, which for now are LACIAC, ICAMA, and Oyo State Multi-door Courthouse. It is the rules and procedures of the collaborating partners that would guide proceedings.

ADR judges will come in when disputes referred to mediation or negotiation have been successfully resolved and the ADR judges will sign the settlement agreement under the procedure of the Multidoor Courthouse in that jurisdiction.

Other dispute resolution proccesses such as arbitration and adjudication do not require input from ADR judges.

What is Alternative Dispute Resolution (ADR)?

ADR refers to the amicable, confidential, flexible and alternative methods of resolving disputes other than by litigation. The most common types are negotiation, mediation, arbitration and adjudication

Why use Alternative Dispute Resolution mechanisms to resolve disputes?

Alternative dispute resolution mechanisms provide expeditious, efficient, and effective process for the resolution of disputes. The processes adopted in resolving disputes are flexible, confidential and largely eliminate the costs, waste of time, delays, and damage to relationships, resulting from litigation. Some of these processes enable the parties to determine the solution to the disputes, thereby arriving at a win-win resolution.

How do I sign the CADRI Pledge?

Very simple. To sign the CADRI Pledge CLICK HERE.

If parties do not have an existing agreement to resolve their disputes by arbitration or adjudication, what should they do?

Once both parties agree to resolve their disputes through these two means, they will enter into a submission agreement.

Can an individual or company who has not signed the CADRI Pledge use ADR services?

Yes. Before an ADR process occurs, both parties would be required to sign an agreement to mediate or arbitrate as the case may be.

Can other organisations or institutions offering ADR services be part of CADRI?

Yes, For inquiries on becoming a CADRI collaborating partner, kindly send a message to cadri.ng2020@gmail.com
To become a Collaborating Partner, CLICK HERE

Can you take advantage of the benefits of the CADRI Scheme without taking the CADRI Pledge?

Taking the CADRI Pledge is not compulsory.

Can CADRI Collaborating Partners deal with commercial and contractual disputes that are not COVID-19 related?

It depends on each collaborating partner. We however believe that the goal is to offer parties-centric services to all who require them.
We advice you to contact our collaborating partners for more information.

If parties have already entered into an arbitration agreement, can they decide to attempt to resolve the dispute by negotiation or mediation instead?

Yes, they can. An agreement to mediate will be signed by the parties.

What happens where a party is not willing to submit to ADR?

Depending on how the matter is initiated, an experienced ADR practitioner may intervene and explain the process to such party to persuade them to participate and where this fails, the intervention of the ADR Judge may be requested.

Are the agreements reached by mediation and negotiation enforceable?

Once the agreement reached by the parties are signed by an ADR judge, it becomes enforceable like any other judgment of the court.

Does CADRI have a policy to assist indigent disputants?

Yes. In appropriate instances, CADRI neutrals are encouraged to offer pro bono services to those who meet set criteria.

Who are the ADR Practitioners eligible to be on the CADRI Panel of Neutrals?

Suitably qualified arbitrators, mediators, negotiators and adjudicators.

How do I become a member of the CADRI Panel of Neutrals?

Only accredited ADR practitioners can apply to be members. To complete the application form to become a member, CLICK HERE

Is there any fee payable to become a member of the international CADRI Panel of Neutrals?

There is no joining or annual fee payable

How do I initiate a dispute resolution process with CADRI?

Very simple. To initiate a dispute resolution process with CADRICLICK HERE.

Do I need to pay to become a member of the CADRI Panel of Neutrals or sign the CADRI Pledge?

No. All costs have been taken care of by the visioners.

Can parties decide to opt for in-person proceedings if they do not want online/virtual ADR proceedings?

Yes. One of the advantages of ADR processes is that they are flexible and private. The parties and ADR experts will just ensure that the number of participants is not beyond that prescribed and physical distancing will be maintained. Other WHO safety recommendations will also be followed.

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