Alternative Ways to Resolve Property Disputes in Ogun Without Going to Court
Introduction
Land and property disputes are among the most common legal conflicts in Ogun State. From boundary disagreements and double sales to inheritance quarrels and encroachment issues, property conflicts can easily arise — often between family members, neighbors, developers, or even corporate entities.
Unfortunately, many of these disputes end up in court and may take years to resolve, costing parties huge amounts of money, time, and emotional energy. However, the good news is that property owners in Ogun have alternative and legally recognized methods to resolve disputes without going to court. These mechanisms are known as Alternative Dispute Resolution (ADR) methods.
This article by Chaman Law Firm, a leading property and real estate law firm in Ogun and Lagos States, explains in detail the alternative ways to resolve property disputes in Ogun without litigation, their advantages, procedures, and how you can make use of them effectively.
Understanding Alternative Dispute Resolution (ADR)
Alternative Dispute Resolution (ADR) refers to legal mechanisms used to settle disputes outside the traditional court system. In property matters, ADR allows parties to reach agreements through dialogue, negotiation, mediation, or arbitration under the supervision of neutral professionals.
These processes are guided by the Ogun Multi-Door Courthouse (OMDC) framework, the Arbitration and Conciliation Act, and the High Court of Ogun State (Civil Procedure) Rules, all of which promote out-of-court settlement before or during litigation.
Why Many Property Disputes Arise in Ogun State
Ogun State’s proximity to Lagos and rapid urbanization has made it a hotbed for real estate investment. Unfortunately, this growth also brings several property-related conflicts:
Boundary disputes due to poor survey demarcations.
Multiple sales of the same land by families or agents.
Family inheritance disagreements over ancestral property.
Developer vs. buyer disputes involving delivery timelines or quality of work.
Encroachment and trespass issues by neighbors or Omonile.
Failure to document transactions properly.
Many of these cases can be resolved amicably using ADR mechanisms instead of resorting to lengthy court trials.
Benefits of Resolving Property Disputes Without Court
Speed: ADR saves time — many cases are settled within weeks or months instead of years.
Cost-effective: It reduces legal and administrative expenses.
Confidentiality: Proceedings are private and not open to the public.
Preserves relationships: Especially important in family or neighbor disputes.
Flexibility: Parties control the process, outcomes, and timelines.
Enforceability: Awards or agreements can be enforced like court judgments.
Reduced hostility: Encourages cooperation instead of confrontation.
Main Alternative Methods of Resolving Property Disputes in Ogun
1. Mediation
Mediation is one of the most effective and popular ADR methods for property disputes. It involves a neutral third party (mediator) who helps both sides discuss their issues and reach a mutually acceptable solution.
Where to Access Mediation in Ogun:
Ogun Multi-Door Courthouse (OMDC) in Abeokuta.
Citizens Mediation Centre under the Ministry of Justice.
Private Chartered Mediators (e.g., members of the Institute of Chartered Mediators and Conciliators — ICMC).
Chaman Law Firm ADR Unit also offers structured property mediation services.
Typical Mediation Cases:
Boundary or fence disputes between neighbors.
Disagreements between landlords and tenants.
Family inheritance and succession issues.
Breach of property sale agreements.
Process of Mediation:
Filing a mediation request.
Appointment of mediator.
Parties meet in neutral venue.
Each side presents its case.
Mediator facilitates discussions.
Agreement (if reached) is documented and signed.
Legal Effect:
A signed Settlement Agreement can be filed at the High Court and becomes binding on both parties.
2. Arbitration
Arbitration is a more formal ADR method where a neutral expert called an Arbitrator listens to both parties, examines evidence, and makes a binding decision called an Award.
It’s often used in high-value property transactions, construction projects, or real estate partnerships where contracts already include arbitration clauses.
When to Use Arbitration:
Complex property development agreements.
Joint venture or lease disputes.
Contractor vs. developer disagreements.
Disputes between real estate investors and agents.
Legal Basis:
The Arbitration and Conciliation Act (Cap A18, LFN 2004) and Ogun State Arbitration Rules provide the framework.
Advantages of Arbitration:
Neutral expert decides case.
Decision is final and enforceable.
Saves time compared to litigation.
Confidential process.
How It Works:
Appointment of an arbitrator.
Submission of written claims and defenses.
Hearing sessions for both parties.
Arbitrator delivers an award.
Award is enforceable in court if necessary.
3. Conciliation
Conciliation is similar to mediation but the conciliator plays a more active role by suggesting settlement options. It is less formal than arbitration but more structured than negotiation.
Conciliation is useful in family land, community boundary, and traditional title disputes. The conciliator helps the parties reach a fair compromise that respects custom and law.
4. Negotiation
Negotiation is the simplest and most informal ADR method. It involves the parties directly discussing their issues — often through their lawyers — and reaching a settlement without involving third parties.
Examples:
Developer compensating a neighbor for encroachment.
Family members agreeing on land sharing ratio.
Buyer and seller renegotiating defective transaction terms.
Negotiation is particularly effective when both parties still maintain a working relationship and wish to avoid publicity.
5. Community or Traditional Resolution
In many parts of Ogun State, community heads, family elders, and traditional rulers play a major role in resolving land conflicts peacefully. The Yoruba traditional system values consensus and reconciliation over confrontation.
However, while traditional resolution may be effective, it should always be backed by documented agreements and, where possible, court validation to prevent future disputes.
Community Dispute Resolution Works Best For:
Boundary disputes between families.
Issues involving ancestral land.
Minor encroachments between villagers.
6. Property Ombudsman or Government Intervention
In cases involving estate developers or government-approved layouts, complaints can be taken to:
Ogun State Ministry of Urban and Physical Planning
Ogun State Bureau of Lands and Survey
Ogun State Land Grabbing Task Force
These agencies often mediate disputes between buyers, developers, and families before escalation.
Practical Steps to Take When a Property Dispute Arises
Stay calm and avoid self-help.
Gather your documents (deeds, survey plans, receipts, and photos).
Engage a property lawyer to analyze your position.
Choose the most appropriate ADR method based on the type of dispute.
Attend meetings with an open mind.
Document all discussions and agreements.
File any settlement at court for enforceability.
Case Study: Boundary Dispute Settled Through Mediation in Sagamu
In 2022, two families in Sagamu disputed ownership of a 2-acre farmland. Each had different survey plans, and tensions were rising. Instead of going to court, they agreed to mediate through the Ogun Multi-Door Courthouse.
A licensed mediator facilitated dialogue, engaged both family surveyors, and reached a boundary adjustment agreement signed by both parties. The settlement was filed in court and became binding. No violence, no prolonged litigation — a true example of successful ADR in Ogun State.
Institutional Support for ADR in Ogun
The Ogun State Government has shown strong commitment to promoting ADR through:
Ogun Multi-Door Courthouse (OMDC): Offers mediation, arbitration, and conciliation services within the High Court premises.
Citizens Mediation Centre (CMC): Provides free mediation services for residents.
Ministry of Justice ADR Department: Handles community and family disputes.
Professional Bodies: ICMC, CIArb, and FIMC members frequently handle ADR cases.
These institutions make it easier and faster for citizens to access justice without filing court cases.
Legal Recognition of ADR in Nigeria
The Nigerian legal system recognizes and encourages ADR.
Key supporting laws include:
Arbitration and Conciliation Act (2004).
Section 17 of the High Court Law of Ogun State.
Constitution of the Federal Republic of Nigeria (Section 19(d)).
Ogun Multi-Door Courthouse Rules.
Agreements reached through ADR can be enforced in court like normal judgments once filed and adopted.
Role of Lawyers in ADR Processes
Contrary to popular belief, ADR still requires legal expertise. Property lawyers play vital roles by:
Advising clients on the best ADR approach.
Representing parties during sessions.
Drafting agreements and settlement terms.
Ensuring compliance with laws and enforceability.
At Chaman Law Firm, our team of certified mediators and arbitrators handle numerous property-related disputes across Ogun State, helping clients save time, money, and peace of mind.
When ADR May Not Work
Though effective, ADR may not suit all situations, especially when:
One party refuses to participate in good faith.
There’s criminal conduct such as fraud or land grabbing.
Urgent injunctions or police protection are required.
Disputes involve third parties not willing to cooperate.
In such cases, court intervention becomes necessary to protect ownership rights or enforce criminal sanctions.
Comparison: ADR vs. Court Litigation
| Criteria | ADR (Mediation/Arbitration) | Court Litigation |
|---|---|---|
| Duration | Weeks or months | Often several years |
| Cost | Relatively low | High legal and filing costs |
| Confidentiality | Private | Public hearings |
| Flexibility | Very flexible | Rigid procedures |
| Relationship preservation | Encouraged | Often destroyed |
| Enforceability | Same as court once filed | Full legal enforcement |
| Stress level | Minimal | High |
ADR is therefore the preferred first step in almost every property conflict.
Frequently Asked Questions (FAQs)
Q1: Can I use ADR if my case is already in court?
Yes. The court can refer the case to the Multi-Door Courthouse for mediation, and the outcome will be adopted as judgment.
Q2: How long does mediation take?
Depending on complexity, most cases are resolved within two to six weeks.
Q3: Is ADR legally binding?
Yes. Once a settlement is signed and filed at court, it becomes enforceable like a judgment.
Q4: Who pays the mediator or arbitrator?
Usually, parties share the cost equally, except when government or NGOs sponsor it.
Q5: Can I attend ADR without a lawyer?
Yes, but having a lawyer ensures that your legal rights are protected.
Case Law Example
In Eze v. Okechukwu (2017) 5 NWLR (Pt. 1557) 425, the Court of Appeal recognized that mediation and arbitration are valid alternatives to litigation and that settlement agreements filed in court have the same binding force as judgments.
This principle applies equally to property disputes in Ogun State.
Practical ADR Tips for Property Owners
Keep an open mind during mediation sessions.
Focus on interests, not emotions.
Avoid accusatory language.
Seek win-win solutions.
Consult your lawyer before signing any agreement.
Ensure settlements are documented and filed in court.
The Future of Property Dispute Resolution in Ogun
The Ogun State judiciary is actively promoting ADR as part of its justice reform agenda. The expansion of the Multi-Door Courthouse system across the state is expected to drastically reduce court congestion and make dispute resolution faster, friendlier, and more accessible.
Private firms like Chaman Law Firm are also collaborating with the judiciary to provide specialized ADR services for land and real estate matters.
Conclusion
Court battles over land and property disputes can drain resources, ruin relationships, and delay development. By embracing Alternative Dispute Resolution, property owners in Ogun can resolve conflicts quickly, peacefully, and legally.
Whether it’s mediation, arbitration, or community negotiation, ADR offers a fair and efficient path to justice — without the stress of litigation.
Call to Action
If you’re facing a property dispute in Ogun State — whether over land boundaries, double sale, inheritance, or encroachment — you don’t have to go through the stress of court battles. Let experts help you reach peace and protect your investment.
