By Victor Adegbite

The use of Alternative Dispute Resolution(ADR) in the settlement of disputes in Nigeria has been in existence right from time immemorial. Unlike litigation, ADR is not an imported mechanism into the Nigeria legal system. Disputes are invariable and inevitable in human and commercial interactions.

Thus, the need for effective resolution mechanisms to be adequately put in place. Traditionally, Litigation and Alternative dispute resolution mechanisms have been identified as the major means of resolving disputes.

Ordinary, the 1999 Nigerian Constitution enshrines the supremacy of litigation by virtue of the Chapter VII, and the court is conferred with the authority to settle disputes between parties through the S.6 (6b) of the Constitution. It is observed that the practice of Alternative Dispute Resolution in Nigeria lacks a vibrant awareness mechanism, which means that laypersons lack a proper understanding of how the ADR system operates and how it is practised. Dispute Resolution Mechanisms have continued to evolve from an adversarial and expensive litigation system, to a non-adversarial method of ADR which facilitates a flexible resolution of disputes.

Alternative Dispute Resolution system (ADR) comprises of, but is not limited to, mediation, negotiation and arbitration. ADR offers an appealing alternative to litigation, however has not received much significant acceptance in the legal industry. Change generally is an inevitable factor in any society, the legal profession has been marked as that part of the society which is often reluctant to accept and adapt to change. Not minding the various improvement of ADR generally, there still exist impediments to its full-scale adoption by commercial disputants in Nigeria.

Reliance has been placed so much on litigation that other means of dispute resolution have not been fully embraced. In the present period of pandemic, that Court processes are bedeviled with inordinate delays, technicalities, strict adherence to social distancing and other limitations which are not only time consuming, frustrating and also costly. ADR is designed to relieve pressure on the congested court system, in which repeated adjournments see disputes indefinitely deferred.

There are many statutory and institutional frameworks through which ADR has been upheld as a legitimate means of dispute settlement in Nigeria. The Arbitration and Conciliation Act CAP A18, LFN 2004 regulates arbitration process, and the Lagos State (Civil Procedure) Rules 2019 is mainly geared towards the promotion of ADR as matters filed in Court have to go through ADR screening before being assigned to a Judge. The Alternative Dispute Resolution Act, 2007 provides for the dispute resolution processes, while the policy framers of the Nigerian Criminal Justice system have begun to embrace and integrate ADR into the criminal jurisprudence. The Administration of Criminal Justice Act (ACJA) contains a legal framework for the adoption of plea bargaining in Nigeria. Plea bargain also known as plea agreement although not expressly stated to be an ADR mechanism, can be regarded as such because its form and effects conform to the principles and aims of ADR.

The Lagos Multi-Door Courthouse (LMDC) was Africa’s first court-connected alternative dispute resolution centre and has improved access to justice in Lagos State, with more multi-door courthouses in other states to diversify the dispute resolution options available to the people. There was the launch of COVID-19 Alternative Dispute resolution initiative (CADRI) recently to ensure that courts would not be overwhelmed with Covid-19 legal matters by offering ADR alternatives to litigation, in person, or by virtual proceedings and enable continued access to justice during the lockdown. This initiative was envisioned to ensure that disputes, even those that are suffering COVID-19 imposed delays in courts, are resolved in a timely, considerably cheaper and efficient manner.

With the congestion, and the vacations of most regular courts and interminable delays in justice delivery, coupled with the high cost of litigation and harsh impacts by COVID-19, it is only reasonable that arbitration and other alternative dispute resolution processes should be integrated into the regular court system and the creation of COVID-19 Alternative Dispute resolution initiative (CADRI) is applaudable. It is suggested that there should be an increased enlightenment amongst lawyers and judges for adoption of ADR in civil disputes, and by extension, there is a need, for the parliament to create a legislation that would encompass all relevant ADR forms and look beyond the commercial disputes in the judicial system and dispensation of Justice.

Victor Adegbite is a law undergraduate of the Olabisi Onabanjo University, Ogun State, Nigeria.

References.

ALTERNATIVE DISPUTE RESOLUTION IN NIGERIA: NEW FRONTIERS IN LAW

 

https://www.linkedin.com/pulse/adr-nigerian-lawyer-21st-century-morenike-ojo

 

https://academicjournals.org/journal/JLCR/article-full-text/92A256E65636

 

https://afaa.ngo/page-18209