Introduction: Why Preparation Matters

Mediation and arbitration are widely used alternatives to court litigation. They can be faster, private, and tailored to the parties. Preparation is the difference between a focused, results-driven session and a missed opportunity. Before you meet a lawyer, you should clarify your objectives, gather key documents, and map out a pragmatic strategy. This reduces costs, shortens timelines, and improves outcomes.

Steps You Can Take Before Seeing a Lawyer

1. Review any ADR clause and governing rules

Check your contract for a mediation or arbitration clause. Note the seat of arbitration, applicable institutional rules, number of arbitrators, language, and any pre-action steps like mandatory negotiation. Deadlines and notice requirements should be listed in a short note for your lawyer.

2. Record prior settlement attempts

Keep emails, letters, and meeting notes that show you tried to resolve the dispute amicably. This demonstrates good faith and may influence cost decisions later.

3. Define objectives, concessions, and red lines

Write three lists: must-haves, nice-to-haves, and cannot-accept items. Include numbers where possible, for example payment amounts or timelines. Prepare fall-back options like staged payments or partial performance.

4. Draft a factual chronology

Build a dated timeline from initial engagement to dispute escalation. Add references to documents or messages. This speeds up your lawyer’s analysis and helps identify missing evidence.

5. Preserve relevant evidence

Secure contracts, invoices, delivery notes, transfers, chat logs, board minutes, and photographs. Back everything up. Do not alter metadata or edit originals.

Evidence and Documents to Gather

Bring organized, labeled copies. Use a simple index to help your lawyer navigate quickly. Originals should be kept safe.

• Contracts and any amendments or side letters
• ADR clause details and institutional rules referenced in the contract
• Invoices, receipts, proof of transfers, delivery notes, performance certificates
• Correspondence: emails, letters, SMS, WhatsApp, and meeting notes
• Board resolutions, internal memos, or shareholder communications where relevant
• Expert reports, technical test results, independent valuations
• Proof of loss: bank statements, ledgers, photos, videos

Common Mistakes Clients Make

• Ignoring a valid ADR clause and filing in court prematurely, risking delay and costs
• Confusing mediation with arbitration or expecting the neutral to act like your lawyer
• Arriving without documents or with disorganized evidence
• Taking extreme positions that leave no room for a workable deal
• Breaching confidentiality by publicizing negotiations or filings
• Missing notice or limitation deadlines stated in the contract or rules

Common Misconceptions

• “Mediation is binding” – a settlement only binds when reduced to a signed agreement
• “Arbitration is always cheaper” – costs vary with the institution, number of arbitrators, and complexity
• “A strong moral case is enough” – documentary evidence still drives outcomes
• “We can ignore the clause if inconvenient” – courts commonly enforce ADR agreements

Preparing for the Consultation

A productive first meeting aligns facts, law, risk, and cost. Bring your bundle and be ready to discuss realistic outcomes.

Key questions to ask

• Is mediation appropriate now or should we proceed to arbitration
• Which institution or rules apply and what are the practical effects
• What interim measures or emergency relief are available if there is urgency
• How should fees, deposits, and costs be budgeted and recovered
• What documents or witnesses are critical and what gaps exist
• How do we protect confidentiality and settlement privilege

Cost and timeline expectations

Discuss filing fees, arbitrator or mediator fees, legal fees, expert costs, and likely duration. Explore cost-saving tactics such as single arbitrator for modest claims, virtual hearings, limited document production, and focused witness statements.

Practical Insights

• Institution choice: Consider the Lagos Multi-Door Courthouse for mediation and the Lagos Court of Arbitration or other reputable centers for arbitration as appropriate
• Seat and law: The seat determines supervisory courts. The governing law affects interpretation and remedies
• Enforcement: For international awards, verify enforceability under the New York Convention and local statutes
• Confidentiality: Maintain strict confidentiality. Limit the audience and mark settlement documents appropriately
• Negotiation strategy: Start with reasoned proposals backed by evidence, and use brackets or ranges to explore settlement space

Frequently Asked Questions

1. Can I refuse mediation or arbitration if the contract requires it

Usually no. Courts often compel parties to honor valid ADR clauses. Your lawyer will check any exceptions and timing issues.

2. Is mediation binding

Not by itself. It becomes binding when reduced to a signed settlement, which can be made a consent judgment where appropriate.

3. How long does arbitration take

Timelines vary with complexity. Many matters conclude within months if the procedure is streamlined and parties cooperate.

4. Can I recover my costs

Cost recovery depends on rules, conduct, and the award. Reasonable settlement behavior can influence cost orders.

5. What if the other party refuses to participate

Mediation may not proceed, but arbitration can continue if properly commenced, and an award can be made in default of participation.

6. Do I need experts

For technical disputes or valuation issues, an independent expert can be decisive. Bring any reports or test results you already have.

Final Thoughts

Effective ADR relies on clarity, evidence, and realistic solutions. Prepare your documents, define your objectives, and approach the process with focus. The right preparation strengthens your bargaining power in mediation and sharpens your case in arbitration.