ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION PROFESSIONAL GROUP
1.0 PREAMBLE
The real estate industry comprises so many sub-sectors and has a very wide scope. In addition, the scope of services in the industry is also multidisciplinary in nature. Thus, the industry is characterized by a very complex and dynamic relationships and interactions that involve individuals, people, communities, organizations and companies, the public sector as well as the private sector both in the formal or organized private sector (OPS) and informal private sector] from different backgrounds with diversities in their socio-economic makeup. Disputes are therefore bound to occur in these numerous relationships due to varying interests that have land or real estate as the center of these dealings across the entire real estate value chain. Alternative Dispute resolution that involves the range of processes and mechanisms without recourse to litigation has become a viable alternative all over the world. Therefore the Faculty of Arbitration and Alternative Dispute Resolution is focused on exploring and deploying these critical mechanisms for the quick, efficient and effective resolution of disputes in the industry. The common ADR mechanism includes: Arbitration, Mediation, Conciliation, Negotiation and Hybrid process
2.0 MISSION AND VISION STATEMENTS
The mission of the Faculty of Arbitration and Dispute Resolution is to enable all Estate Surveyors and Valuers develop expertise skills, knowledge and promote the use of Alternative Dispute Resolution (ADR) mechanisms in land and real estate related disputes (including other areas of disputes) in line with international best practices and global standards.
The vision of the faculty is to make the faculty in particular and NIESV in general to be recognized both locally and internationally as the first point of call in land and real estate related disputes resolution through Arbitration and ADR thereby creating more business opportunities for the Estate Surveyors and Valuers.
3.0 SCOPE OF PROFESSIONAL SERVICES AND ACTIVITIES OF THE FACULTY
The scope of professional services covered by the Faculty of Arbitration and Dispute Resolution in ADR are defined by disputes that emanate within the scope of the Estate Surveying and Valuation Profession and further represented in the real estate value chain covering land acquisition to use/disposal. However, when the Estate Surveyors and Valuers develop the expertise knowledge of ADR (with the certification of the relevant professional body regulating ADR), the scope of professional services will be expanded to extend beyond real estate.
4.0 OBJECTIVES
The objectives of the faculty include (but not limited to) the following:
i. To create awareness of members on the use of alternative and efficient means of resolving disputes outside litigation.
ii. To encourage and enable members deepen and acquire the in-depth knowledge and skills in Alternative Dispute Resolution (ADR).
iii. To collaborate and build partnership with the ADR bodies and various stakeholders in ADR administration both in Nigeria and the international arena thereby projecting NIESV (Estate Surveyors and Valuers) as the key professionals in real estate related transactions.
iv. To be the dominant practitioners engaged in real estate Arbitration and ADR in Nigeria and beyond and a veritable source of real estate mediators, arbitrators and expert witnesses for the ADR industry.
v. To initiate the review of the curriculum of Arbitration and awards as currently taught in higher institutions offering Estate Management in Nigeria in line with contemporary trend by collaborating with the lecturer, the registration board (ESVARBON) and the institution (NIESV).
vi. To expand alternative non-physical inclined practice routes that would appeal to seasoned senior members of the profession and others with track record of professional service, impartiality and integrity which are key ADR Industry attributes for arbitrators and mediators thus growing the depth and quality of the faculty's panel/neutral list.
5.0 STRATEGIC PLANS (Road Map)
The strategic plans or road map to achieve the objectives of the faculty are (but not limited) to the following:
i. To identify and partner with the key arbitration and ADR institutions and bodies such as Lagos Multi-Door Courthouse (LMDC), Association of Multidoor Courthouse in Nigeria, Lagos Court of Arbitration (LCA), Chartered Arbitration Institutes in Nigeria and citizen Mediation centers.
ii. To promote in collaboration with other NIESV faculties that ADR is enshrined in all real estate contracts from lease/tenancy agreement, property management agreements, memorandum of sales/understanding, service level agreements, sales contract, valuation contract, facility management contract, real estate development etc.
iii. To increase advocacy that are targeted at increasing stakeholders' awareness and use of ADR in the resolution of the multifarious real estate disputes.
iv. To organize trainings and seminars on Arbitration and (ADR) and leading to certification for Estate Surveyors and Valuers in collaboration with ESVARBON and relevant ADR certifying bodies.
v. To sponsor empirical research works in collaboration with selected tertiary institution Estate management department on resolution of real estate disputes through ADR at the multi-door court houses nationwide as an advocacy, data generation and awareness building tool.
vi. To assist NIESV in a systematic manner through the relevant organs and council committee in resolving commercial disputes referred to the president/Institution as a recognised appointing body thereby growing capacity and experience portfolio of certified members of the profession in the competitive ADR industry.