The need for peaceful co-existence, brotherly love and support have long been advocated for. Law being dynamic in nature has also employed numerous ways of settling dispute outside Litigation.
One notable innovation chaired by the Judiciary in Lagos State of Nigeria is the introduction of the Lagos State Multi-Door Court House and The Citizens Mediation Center. This arm of Government continually seeks to ensure that Justice is served and promoted by various re-conciliatory methods.
The phrase Terms of Settlement became popular with the application of the various Alternative Dispute Resolution (ADR) methods towards peaceful settlement. Upon reconciliation, parties settle their disputes at either the Mediation Centre or Multi-Door Court House. The final decision agreed to both parties are known as terms of agreement. They are written down, signed by both parties and taken to the court to be entered as Consent Judgment (where parties want it more official).
Terms of Settlement as the name implies, clearly sets out the wordings and mind of both parties, construed with the aid of their lawyers or the Mediator and finally disposes of a case. It can be likened to a contract agreement where parties have corresponding rights and obligations to fulfill. Upon signing a term of agreement, it must be dully executed before the court enters it as consent judgment.
Elements of a Valid Terms of Settlement Agreement
1. It is construed in strict terms - All parties should use clear words when drafting their agreement. Avoid the use of words such as "if" (it connotes non-settlement), do not leave room for opinions or inference. State clearly words and their corresponding responsibilities.
2. It contains obligations and expected acts of both parties.
3. It addresses the contentious issues and sets out modalities towards resolving the disputes.
4. It must be dated.
5. It must be duly executed by both parties and attested to by a witness.
6. It should be filed at the Court registry or stamped and sealed by the Mediation Center (where parties settle through the aid of the Mediation Center) upon conclusion.
7. The document should have Parties attach their passport picture and valid means of identification before it is accepted by the court.
NOTE: The form of terms of settlement varies, this should not be adopted seriatim.
Labels: Mediation, Terms of settlement
