Implementation of alternative dispute resolution in Nigeria : possibilities and hindrances

Abstract

Alternative Dispute Resolution (ADR) stands adopted in various parts of the world as convenient most vehicles for the resolution of disputes. Its adoption among other things is basically to correct the problems created by litigation or the adversarial justice system. The problems associated with litigation are multi-dimensional as excessive cost, undue delay, formalism and acrimony which affect the relationship of the parties. These have in ways affected justice delivery system thus, access to justice and quick justice delivery have become only a mirage. These problems are manifest in the resolution of disputes in Nigerian Courts. Thus, backlog of cases and delays are hallmarks of the Nigerian judicial system too. Different laws have been adopted or enacted in various jurisdictions in furtherance of the practice of the ADR processes. Although some such laws have been adopted in Nigeria too, but the extent to which the laws can guarantee a successful implementation of ADR in Nigeria is uncertain. Thus, the study adopts the traditional research method encompassing the primary and secondary sources of law as well as the qualitative methods to examine and find solutions to the problems. However, the study examines the laws on the practice of ADR in Nigeria. It shows the shortcomings in these laws and the fact that the search for ADR remains confined to the Arbitration and Conciliation Act 2004 which only deals with arbitration and conciliation. There are other meaningful ADR processes. The study also examines various customary ADR practices in Nigeria and the possibilities of finding in these practices some solutions. The study reveals that arbitration is fraught with litigation in Nigeria. International commercial arbitration is infected with problems of excessive cost, delay and formalism. However, reforms are proposed to make arbitration and conciliation more user-friendly. It is also recommended that certain concepts should be injected into the practice of international commercial arbitration to make it more settlement savvy. That Islamic ADR practices like Sulh, Tahkim, and Fatwa, etc are practiced in a formal way, particularly in the North. It shows as well that ADR processes, particularly Courtannexed mediation, need a legislation to spread its practice nationally in Nigeria. The study therefore, proposes a reform and recommends the adoption of the ADR Act of 1998 (USA) in order to legalize and formalize the application of ADR in all civil courts and to open the doors for court-annexed mediation. A Mediation Act is also found necessary to strengthen the practice of mediation in Nigeria. It is hoped that these reforms will entrench ADR in Nigeria to achieve quick justice delivery and to ensure the participation of every strata of the society in dispute resolution.