Options dispute resolution procedures can be split into two categories. Alternative dispute resolution and peacebuilding in africa, edited by ernest uwazie this book first published 2014. The most common types of adr for civil cases are mediation, settlement conferences, neutral evaluation. Such procedures, which are usually less costly and more expeditious than litigation, are increasingly being used in commercial and labor disputes, divorce actions, in resolving motor vehicle and.
We are optimistic that the results will provide viable alternatives to resolving conflicts and thus ensure sustainable development in. The judiciary arm of government is conferred with the authority to interpret the law and settle. General overview as to the distinction between litigation and. The success of alternative dispute resolution in nigeria cannot be overestimated in the past few years. General overview as to the distinction between litigation. The first category is formal dispute resolution, primarily involving court adjudication. Alternative dispute resolution adr, environmental, niger delta, arbitration, court, pollution, right, nigeria dispute. Chapter 3 different modes of alternative dispute resolution. Definition of alternative dispute resolution alternative dispute resolution adr is defined as encompassing all legallypermitted processes of dispute resolution other than litigation1.
Nov 30, 2011 alternative dispute resolution adr encompasses a series of mediation mechanisms for resolving conflicts that are linked to but function outside formal court litigation processes. E stablishing legislation supporting alternative dispute resolution as well as broadening the number and. The paper recommends amongst other things, sustenance through increased funding, human capacity. Advantages and disadvances of dispute resolution process. Embrace alternate dispute resolution, group urges nigerians. Commercial transactions, is an important means for the generation of revenue for a large percentage of individuals and corporate organisations, it is therefore of a great importance that when a dispute arises in the process of transacting business.
Introduction ordinarily, the courts serve as the traditional forum for the resolution of conflicts. In ghana west africa, adr practice has reached the level where it is now important to consolidate the various laws that have regulated the process in the past. Dispute resolution process tries to resolve and check conflicts, which enables persons and group to maintain cooperation. Rankopo university of botswana introduction traditional conflict resolution processes are part of a wellstructured, timeproven social system geared towards reconciliation, maintenance and improvement of social. Mediation was one of the favoured methods of resolving disputes long before the arrival and implementation of the british adversarialbased legal system. Nigeria practised customary dispute resolution, elements of which are immediately recognisable to the lawyers of today. We are optimistic that the results will provide viable alternatives to resolving conflicts and thus ensure sustainable development in the continent. Alternative dispute resolution in dealing end of the paper it shall be proffered that alternative dispute resolution is a better remedy for conflict resolution. The term alternative dispute resolution adr, is used generally to describe the methods and procedures used in resolving disputes either as alternatives to the traditional dispute resolution mechanism of the court or in some cases supplementary to such mechanisms. Arbitration arbitrator jurisdiction frustration incidental claims contract for the rendering of professional services enforcement of arbitration clause any dispute or difference in relation to any thing or matter arising out of or under this agreement shall be referred to. Alternative dispute resolution continues to spread all over the world. Alternative dispute resolution, or adr, is a process in which a neutral third partya mediator or arbitratorhelps parties who are embroiled in a dispute come to an agreement. In a world where commercial disputes frequently cross international boundaries, it is inevitable that clients and practitioners across the globe will need to look for guidance beyond their home jurisdictions.
Alternative dispute resolution legal definition of. In the outline of advantages and disadvantages of dispute resolution processes provided below, a simplified. Adr is usually less formal, less expensive, and less timeconsuming than a trial. Application of alternative dispute resolution adr and. Mediation and conciliation the law reform commission is an independent statutory body established by the law reform commission act 1975. The nature of the legal system is a key factor in assessing the countrys investment climate. What is now termed alternative dispute resolution adr embraces three distinct strands. This success started in lagos and has been replicated across the country. Alternative methods of dispute resolution nigerianlawclass. In common law tradition, it is becoming increasingly one of the best ways of. Procedures for settling disputes by means other than litigation.
A study of the ikwerre traditional arbitration may 2, 2020. Basic overview of adr workplace dispute resolution section february 2, 1999. However, adr is also increasingly being adopted as a. In the 1990s, congress passed three statutes the administrative dispute resolution acts of 1990 and 1996, and the alternative dispute resolution act of 1998 which, collectively, required each agency to adopt a policy encouraging use of adr in a broad range of. A lternative dispute resolution is an increasingly popular complement to official legal channels to resolve less serious disputes in a timely manner through mediation while enhancing claimants sense of justice. Options for the federal government, and issues th sourcebook. Mrs folake sordiq, chairman, young members group of the charted institute of arbitrators ciarb, has urged nigerians to embrace the alternative dispute resolution, rather than the. Alternative dispute resolution adr, or external dispute resolution edr, typically denotes a wide range of dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. Moreover, adr is seen as a means to increase access to justice for. Basic introduction to alternative dispute resolution 1. The brief history as recited here must be and should indeed be understood as valid only as. Alternative dispute resolution and peacebuilding in africa edited by ernest uwazie. Alternative dispute resolution and restorative justice have been introduced in many jurisdictions in nigeria over the past decades with a view to dealing more effectively and efficiently with growing caseloads and to improve citizens access to the justice system.
Pdf alternative dispute resolution an effective means for. Alternative dispute resolution is not a new concept within nigeria. General overview as to the distinction between litigation and alternative dispute resolution methods partner atty. For the first time in nigeria, arbitration and other forms of alternative dispute resolution adr is given constitutional backing as a means of settlement of disputes. Alternative dispute resolution adr refers to a set of practices and techniques aimed at permitting the resolution of legal disputes outside the courts. A structured guide to dispute resolution in nigeria, including litigation, arbitration and other forms of adr. However, some jurisdictions have invested heavily in various alternative dispute. The case of ghana and botswana kwaku oseihwedie and morena j. Digital diploma a downloadable diploma in pdf format.
Pdf alternative dispute resolution an effective means. Kerim bolten abstract a variety of dispute resolution processes exist so as to settle disputes stemming from the course of business. It is multisegment free access center for intelligence and instruments relating to nigerias legal and policy circuit. The word alternative is used as an option to litigation. Specifically, section 19d of the constitution of the federal republic of nigeria cfrn 1999, provides for the settlement of disputes by arbitration, mediation, conciliation. Adr is a recognised and a timetested alternative to litigation across the globe14.
The lagos court of arbitration lca is an independent, privatesector driven, international centre for the resolution of commercial disputes via arbitration and other forms of alternative dispute resolution adr. Mediation and arbitration see also arbitration vs mediation and the conflict resolution process in alternative dispute resolution adr are types of alternative. Different modes of alternative dispute resolution adr 3. Advantages and disadvantages of dispute resolution processes in order to select the most appropriate process, it is important to understand and appreciate the advantages and disadvantages of the various dispute resolution processes. Ugwumba open university of nigeria, calabar campus abstract. Benefits, processes and enforcement, current themes in nigerian law at p. This will ensure a focused national policy direction for adr practice in the country. A lost skill, negotiation is a process of the parties themselves or via skilled representatives, negotiating a deal with the other disputant. This study focuses on peace building mechanism as an alternative to dispute resolution.
The aim of this paper is to present detailed contextual understanding of employment relations, alternative dispute resolution adr and collective conciliation in nigeria. Alternative dispute resolution and peacebuilding in africa. Learn more about adr programs available in the trial courts. A lost skill, negotiation is a process of the parties themselves or via skilled representatives, negotiating a deal with. Dispute resolution is an indispensable process for making social life peaceful. Assessing the efficacy of alternative dispute resolution. Alternative dispute resolution adr encompasses a series of mediation mechanisms for resolving conflicts that are linked to but function outside formal court litigation processes.
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