Modes of Resolving Disputes Arising From Vicarious Liability

Abstract

Conflict has been with mankind since its first inception following man's fallout with God in the Garden of Eden as a result of the conflict of interests. In recent times, litigation has assumed a centre stage in the settlement of disputes/conflicts notwithstanding its inherent contradictions. This work explores these contradictions as well as the need and suitability of the use of Alternative Dispute Resolution mechanisms in the settlement of disputes arising from vicarious liability. In the final analysis, there are various modes of settling disputes arising from vicarious liability, ranging from litigation to ADR mechanisms. However, it is submitted that, notwithstanding the negligible flip side of ADR, except where it is practically impossible and/or legally inappropriate, cases on vicarious liability should be walked-in or referred to ADR for expedited disposition. Also, parties to disputes turning on vicarious liability should always be amenable or willing to submit to ADR. This will ensure prompt compensation to victims without prejudice to their right of recourse to the court where the terms of settlement are unfavourable to them. In this way, victims of torts (or crimes) committed by employees in the course of their employment would stand a greater chance to live to be compensated.