Alternative Dispute Resolution (ADR) Methods in Nigeria comprises various mechanisms aimed at resolving disputes outside traditional court litigation. The Nigerian Constitution, particularly Section 19, endorses methods such as arbitration, mediation, conciliation, and negotiation.
Arbitration involves parties submitting their disputes to an arbitrator or a panel, whose decision is binding. This method is governed by the Arbitration and Conciliation Act, ensuring that awards are enforceable in courts. It offers a faster resolution compared to litigation and is often preferred in commercial disputes due to its confidentiality and expertise of arbitrators.
Mediation is a voluntary process where a neutral third party facilitates discussions between disputing parties to help them reach a mutually acceptable agreement. Unlike arbitration, the mediator does not impose a solution, allowing parties to retain control over the outcome. This method emphasizes communication and understanding, making it suitable for personal and business conflicts.
Conciliation is similar to mediation but involves a conciliator who actively proposes solutions to resolve the dispute. This method can be more directive than mediation, as the conciliator may suggest terms for settlement. It aims to restore relationships while achieving a resolution and is often used in labor disputes and community conflicts.
Negotiation is the most informal ADR mechanism where parties directly communicate to resolve their issues without third-party involvement. This process relies on mutual agreement and can be effective in simpler disputes or where relationships are ongoing.
It allows for flexible solutions tailored to the specific needs of the parties involved.
This method involves an impartial expert evaluating the merits of the case early in the dispute process. The evaluation helps parties understand potential outcomes if they proceed to trial, encouraging realistic negotiations. While not binding, it can significantly influence settlement discussions.
Mini-trials are structured settlements where each party presents a summarized version of their case before a neutral advisor, who then offers an opinion on likely outcomes. This method combines elements of arbitration and negotiation, facilitating informed discussions between parties.
Another ADR is the summary jury trial. This approach involves presenting a case to a jury in a condensed format, providing parties with insight into how their case might be perceived in court. The jury’s non-binding verdict can guide settlement negotiations by highlighting strengths and weaknesses in each party’s position.
In expert appraisal however , an independent expert assesses specific aspects of the dispute and provides an opinion that can help guide negotiations. This method is particularly useful in technical disputes where specialized knowledge is required.
Despite its advantages, ADR faces challenges in Nigeria, including inadequate legal frameworks, lack of awareness among parties, and reluctance from some stakeholders to embrace non-litigation methods. Additionally, issues like “godfatherism” within political structures can hinder effective implementation of ADRs.
In conclusion, ADR mechanisms offer viable alternatives to litigation in Nigeria, promoting faster and more amicable resolutions while reducing court congestion. However, continuous efforts are necessary to enhance their effectiveness and acceptance within the legal framework and society at large.
The next time you have reason to approach a court of law, why not try an ADR method?
It is your right and you can explore it. To know more about this, contact the Centre for Social Awareness, Advocacy and Ethics (CSAAE) using the toll free line on the flyer below.
