In its resolve to ensure the indivisibility and unity of the Tarok nation in line with Tarok’s popular slogan of Itarok Pi Zing, literally translated as Tarok Is One, the Tarok Lawyers Forum on Friday, 26 April, 2024 organized a symposium for the Tarok Traditional Council to arm them with adequate knowledge on the use of Alternative Dispute Resolution as a method of conflict resolution.
In a lecture titled: Alternative Dispute resolution as a premise for community dispute resolution, the lawyers underscored the importance of ADR since conflict is an inevitable occurrence of human existence, however, the way and manner it is managed is what determines the importance of it. The Forum stressed that by embracing Alternative Dispute Resolution, parties can find more efficient, effective, and satisfying ways to manage conflicts, leading to better outcomes and stronger relationships.
Strategically positioned to entertain and resolve disputes daily from the communities are the traditional rulers hence the need to increase their capacity on the application of the method
Presenting a paper on the legal aspect of the ADR, Barr Nimnan V Denden said “ADR refers to any means to settle disputes out of Courtroom”. He listed Famous ADR methods to include Mediation, Arbitration, Conciliation, Negotiation and Transaction.
The legal luminary also highlighted the common characteristics of ADR saying “It enables parties to find admissible solutions to their conflicts, outside of traditional legal/court proceedings but are governed by different rules”. He argued that in practice the methods can be combined.
The senior lawyer justified the preference for ADR in a society like that of the Tarok nation because of its advantages such as Rapidity, Confidentiality, Flexibility, Saves time from long court queues, Reduces rising cost of litigation etc.
Barr Denden encouraged the custodians of Tarok culture to adopt ADR without any fear because “courts may be asked to review the validity of ADR methods, but they rarely overturned ADR decisions and awards”. He noted that ADR is fast gaining universal application because “more states are experimenting ADR; some are voluntary while some are not voluntary”.
Educating the royal fathers further, the respected lawyer listed the “main categories of matters that can be settled in a court room to include Criminal; compoundable and non compoundable and Civil matters; boundary disputes, Chieftancy matters, divorce, herders/farmers clashes, religious differences etc
Speaking on the “NEED TO ADHERE TO THE PRINCIPLE OF FAIR HEARING WHEN HANDLING ADR”, Denden, Esq said fair hearing as “an opportunity to explain some things or give your opinion, without other people trying to influence the situation”. Domesticating the definition of fair hearing, he added that is is the “right in a man to have a fair and just treatment at the hands of the rulers or their agents”.
He stressed that the history of “Right to Fair hearing has been in existence under the principles of Natural Justice before it’s encapsulation within the tenets of the Constitution. Fair hearing is entrenched in the two concepts of Natural Justice: Audi Alterem Partem and Nemo judex in causa sua”.
As the ministers in the temple of “ADR Courts”, the traditional rulers were however warned that “a person should not be a judge in a case his interest are brought to the fore rather impartiality, disinterested party and neutrality” should be their guiding principle because their “only interest being that justice is done and seen to have been done”. He emphasized that “everything must be cleared which will endanger suspicion and distrust”.
He counselled the monarchs that “the rule is that if an arbitrator has any interest in a matter, he ought not to adjudicate. The test should be looked at from the objective standpoint of a reasonable man and not from the subjective standpoint of an agrieved party”.
Meanwhile Asoc Prof Lamle Nankap presented his paper as a social scientist on the same ADR. The erudite scholar stressed that “Alternative Dispute Resolution (ADR) plays a vital role in conflict management, offering several importance.
1. Cost-effective: ADR methods like mediation, arbitration, and negotiation are often less expensive than litigating in court.
2. Time-efficient: ADR processes are generally faster than traditional litigation, allowing for quicker resolutions.
3. Flexibility: ADR offers flexible approaches to conflict resolution, tailored to the specific needs of the parties involved.
4. Preservation of relationships: ADR encourages collaborative problem-solving, helping to maintain or even strengthen relationships.
5. Confidentiality: ADR processes are often confidential, protecting sensitive information and reputations.
6. Expertise: ADR professionals bring specialized knowledge and expertise to the conflict resolution process.
7. Reduced stress: ADR can reduce the emotional toll of conflict by providing a more constructive and respectful environment.
8. Increased control: Parties have more control over the outcome in ADR processes, allowing for more creative and mutually beneficial solutions.
9. Improved communication: ADR fosters open communication, helping parties understand each other’s perspectives and interests.
10. Reduced court congestion: By resolving conflicts outside of court, ADR helps alleviate the burden on the judicial system.
11. Finality: ADR outcomes are often final and binding, providing closure and certainty.
12. Wide applicability: ADR can be used in various contexts, including commercial, family, employment, and international disputes.
Barr DS Zingman featured prominently as one of the disccusants while the Langtang Joint Traditional Council was led by HRH, Hon Nimnan Langnim, Ponzhi Zinni and Acting President of the Council. Ponzhi Byan Chiefdom was also in attendance
Speaking on behalf of the Traditional Council, HRH Hon Nimnan Langnim, applauded the initiative of the lawyers and solicited that such symposiums should be held at least twice a year to refreshen the monarchs. He assured the lawyers that the knowledge gained shall be put into good use for the peace and development of Tarok nation
The history making event was witnessed by Hon Prince Vincent Venman Bulus, Member Representing Langtang North and South Federal Constituency, Hon Daniel, Nanbol Listick and other prominent political leaders of Tarok extraction
