Formal Litigation has proven to be technical in nature, it is expensive, time-consuming and adversarial and it often exacerbates an already difficult situation. At the end of a typical land dispute litigation it is difficult to point out the winner; the legal costs can be crippling, resulting to uncertainty which can paralyze business and the time it takes can out-live claimants and prevent development or advancement of disadvantaged communities from taking place. This can also result in damage to relationships between land owners and occupiers.
As a result, parties to a dispute are frequently looking for alternative forms of dispute resolution, i.e. Alternative Dispute Resolution (ADR). However, despite legislation and court procedures providing for ADR, most disputes are taken to litigation without exhausting the much cheaper and efficient ADR mechanisms such as mediation and arbitration.
The #LANDRIGHTSDIPUTE guide [click link below] seeks to promote the use of ADR mechanisms to settle land rights disputes involving occupiers, labour tenants, landowners, claimants and other key role-players. It further aims to educate and capacitate ADR facilitators to have an understanding of the legal provisions that govern the relationships between different right-holders of land, particularly on farm land. The targeted ADR facilitators include the following actors in the land sector; organized agricultural institutions, civil society and dispute resolution organizations, government officials, Land Rights Management Committees, attorneys, advocates and the Legal Practice Council, mediators, ward councillors, community leaders, magistrates and judges.https://drive.google.com/file/d/1y6sY7DHyFY8-T3zJ1IYR86_4F__vcqz4/view?fbclid=IwAR1trkCw_mvxVk9NM6gYdNPQhLcT_4EkwLRomVDVayBeezv7VdSFtrdZNE0