Our proficiency in and commitment to advising and representing clients at the highest levels in these matters is unquestioned. Experts explore arbitration as alternative dispute resolution. In the usa, the patent act of 1790 recognised the use of mediation. Ugwumba open university of nigeria, calabar campus abstract. 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. The term alternative dispute resolution or adr is often used to describe a wide variety of dispute resolution mechanisms that are short of, or alternative to, fullscale court processes. The firm also continues to work on mandates from five international oil companies iocs in respect of claims made against them by the nigerian government over the alleged underdeclaration by the iocs of the volumes of. Conflict management in nigerian construction industry.
Such settlements are accepted and enforced by the courts, provided they satisfy certain requirements. Adr had been used by human society since ancient times though it gets wide acceptance. It sought to establish how the people of calabar, in southern nigeria have used it as an effective indigenous peace building mechanism to prevent, mitigate, manage, and. It is usual for parties to a construction contract to prescribe alternative dispute resolution mechanisms such as mediation, conciliation and arbitration. Alternative dispute resolution is therefore an agelong cultural phenomenon in nigeria as it is in most african countries.
Background of the study it is a fact that life generally is a continuous succession of quarrels and disputes. The judicial powers of the federation and the states are vested in a. Alternative dispute resolution adr encompasses a series of mediation mechanisms for resolving conflicts that are linked to but function outside formal court litigation processes. All you need to know about alternative dispute resolution. The viability of applying alternative dispute resolution. Alternative dispute resolution adr refers to a set of practices and techniques aimed at permitting the resolution of legal disputes outside the courts. An inquiry into the gradual 1 akpata ephraim, the nigerian arbitration law in focus 1997. Membership is mainly drawn from admiralty practitioners, shipping agents. Appraisal of the application of alternative dispute resolution methods to marriage disputes includes abstract and chapter one, complete project material available appraisal of the application of alternative dispute resolution methods to marriage disputes marriage is a union entered into by two parties in every jurisdiction i. Alternative dispute resolution is a generic term used to describe a range of procedures designed to provide ways to resolving a dispute as an alternative to court procedures. Assessing the efficacy of alternative dispute resolution adr in the.
This study focuses on peace building mechanism as an alternative to dispute resolution. In nigeria today, the use of alternative dispute resolution adr mechanisms. Benefits, processes and enforcement, current themes in nigerian law at p. Dispute resolution series adr and commercial disputes editor.
We are optimistic that the results will provide viable alternatives to resolving conflicts and thus ensure sustainable development in. Alternative dispute resolution in africa part 5 adr notes. Although both countries had a history of using arbitration and mediation, its use before the 60s was negligible. Economic and political developments, including colonialism, have brought about the modern methods of alternative dispute resolution arbitration, mediation and conciliation. Arbitration and other alternative dispute resolution methods were used to resolve conflicts. Mediation and conciliation the law reform commission is an independent statutory body established by the law reform commission act 1975. Arbitration as a tool for dispute resolution involved a. Arbitration, in one form or another has been with mankind from the beginning of time. This has culminated with the comprehensive updating and revision of the law governing domestic and international arbitration in ghana, with the coming into force of the alternative dispute resolution act 2010 the act5. Botswana, ethiopia, ghana, kenya, lesotho, mozambique, nigeria. The law of arbitration in nigeria by gaius ezejiofor. Nigeria overview of commercial dispute resolution in nigeria nigeria operates a federal political structure under the constitution of the federal republic of nigeria, 1999 cfrn 1999. In law, for example, nalternative dispute resolution has been a response to overload of the court system, not to some breakthrough in conflict theory.
As the resource related conflict in the niger delta area of nigeria escalates at a furious pace, it is becoming clear that traditional means of dispute resolution such as litigation and violence are no longer applicable. Adr offers to resolve all type of matters including civil, commercial, industrial and family etc. The term can refer to everything from facilitated settlement negotiations in which disputants are encouraged to negotiate directly. Participants will be able to use new legislations mandating parties to adopt adr as first line process for dispute resolution. Preparing for the 20 international year water cooperation. Customary arbitration as an alternative dispute resolution. Pdf labour dispute resolution in nigeria segun isaac. Nigeria dispute resolution profile resolution of map cases sn response detailed explanation where publicly available information and guidance can be found c.
A structured guide to dispute resolution in nigeria, including litigation, arbitration and other forms of adr. This workshop was addressed to 27 senior and middle level participants from angola. That is the essence of the alternativeappropriate dispute resolution adr models. Application of alternative dispute resolution adr and. Alternative dispute resolution methods ceja biblioteca. Section 59 1 of the federal inland revenue service establishment act, 2007 firsea established the tax appeal tribunal tat with powers to settle disputes between tax authorities and taxpayers in nigeria. Incorporated in 2005, the main objective of the body as can be gleaned from its name is to educate the public and maritime industry stakeholders on the importance of arbitration and alternative dispute resolution mechanism. Alternative dispute resolution in dealing end of the paper it shall be proffered that alternative dispute resolution is a better remedy for conflict resolution. Extrajudicial settlement of dispute has always been a feature of our indigenous customary law. 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. The guardian nigeria newspaper brings you the latest headlines, opinions, political news, business reports and international news. Alternative dispute resolution news latest breaking stories. Alternative dispute resolution nigeria and world news the. In nigeria, parties are free to agree under their contract the dispute resolution options in the event of a dispute.
Training manual on alternative dispute resolution and restorative. Educating our judges in all the jurisdictions in nigeria, not just in lagos, going round and making judges know that arbitration and dispute resolution is. Pdf alternative dispute resolution and collective conciliation in. E stablishing legislation supporting alternative dispute resolution as well as broadening the number and. Theres been an increase in contractual parties choosing nigeria as a centre for arbitration for commercial disputes, but it may not be right to attribute the rise in the status of nigeria as an arbitration centre to the launch of the lca. May 04, 2015 laurie coleman explains the adr on this edition of law weekly. Alternative dispute resolution and restorative justice have been introduced in many jurisdictions in nigeria over the past decades with a view to dealing more. Nigeria practised customary dispute resolution, elements of which are immediately recognisable to the lawyers of today. Dec 08, 2014 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.
Civil litigation and alternative dispute resolution. The concept of alternative dispute resolution adr mechanism is capable of providing a substitute to the conventional methods of resolving disputes. 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 procedure adr in nigeria.
Alternative dispute resolution adr, environmental, niger delta, arbitration, court, pollution, right. Conducted targeted sensitization programs to increase professional awareness of adr. Pdf \ find, read and cite all the research you need on researchgate. The success of alternative dispute resolution in nigeria cannot be overestimated in the past few years. Without doubt, disputes are invariable and recurring decimal in human and commercial interactions. Alternative dispute resolution and peace studies in africa background and introduction on 25 and 26 july 2014, the african centre for the constructive resolution of. National institute on dispute resolution, aba standing committee on dispute resolution, society for professionals in dispute resolution, association of family and conciliation courts.
Of course, there are other modes of dispute resolution, which are. Mediation was one of the favoured methods of resolving disputes long before the arrival and implementation of the british adversarialbased legal system. Alternative dispute resolution commonly known as adr. Alternative dispute resolution and peacebuilding in africa. Also, the process of living and the imperative of interaction. Read all the latest news, breaking stories, top headlines, opinion, pictures and videos about alternative dispute resolution from nigeria and the world on today. Alternative dispute resolution in africa part 6 adr notes. Dispute is therefore part of life although a very sad part of it. The paper recommends amongst other things, sustenance through increased funding, human capacity. Dispute resolution is an indispensable process for making social life peaceful.
Nigerias ruling parties and elite system are the investors that own the private companies operating in nigeria. In this introduction, i am touching on a few developments which are part of the backdrop for this comparison. Alternative dispute resolution in dealing end of the paper it shall be proffered that alternative dispute. Alternative dispute resolution continues to spread all over the world. Introduction an improved investment climate is essential to economic growth and the eradication of poverty. Alternative dispute resolution and collective conciliation in nigeria. Created operational manuals for procedural guidelines and adr management systems, as well as creating draft laws and amendments.
Experts explore arbitration as alternative dispute resolution in construction industry on june 30, 2015 12. Guide to dispute resolution in africa herbert smith. Specifically, section 19d of the constitution of the federal republic of nigeria cfrn 1999, provides for the settlement of disputes by arbitration, mediation, conciliation. Alternative dispute resolution adr procedures the background traditional dispute resolution procedures private negotiation 1. Exposure to adr techniques and real life experiences of the practice in resolving conflict. 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. Alternative methods of dispute resolution nigerianlawclass. In its strategy to promote and facilitate alternative forms of dispute resolution, the judiciary has undertaken to develop laws and rules for alternative dispute resolution, and to sensitize court users and communities to alternative dispute resolution options. Alternative dispute resolution is not a new concept within nigeria. Wikipedia defined alternative dispute resolution as dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. Different modes of alternative dispute resolution adr 3. Alternative dispute resolution british council nigeria.
International annual unwater zaragoza conference 201220. Conflicts especially in nigeria shall be explored in the course of this paper. Alternative dispute resolution south african law commission. In the last two decades, there was obvious and significant development of formal adr in nigeria, from an initial base of almost no adr.
A lost skill, negotiation is a process of the parties themselves or via skilled representatives, negotiating a deal with. We are optimistic that the results will provide viable alternatives to resolving conflicts and thus ensure sustainable development in the continent. Research has also shown that no method of dispute resolution can be efficient, equitable and administratively practicable without the collective effort of all parties. Despite different types of conflict resolution, arbitration. By max rainer on may 28, 2019 in news, civil litigation and alternative dispute resolution, employment law it is a well known rule in the commission for conciliation, mediation and arbitration ccma that legal representation in unfair dismissal disputes arising from misconduct are only allowed at the commissioners discretion. The nature of the legal system is a key factor in assessing the countrys investment climate. There is no legal requirement for parties to submit their dispute to any form of alternative dispute resolution before proceedings commence. The act by the provision of section 41 allows the adoption of internal settlement mechanisms in the resolution of trade disputes. The brief history as recited here must be and should indeed be understood as valid only as. Home articles alternative dispute resolution in kenya alternative dispute resolution in kenya 12 january, 2016 sean omondi, george king coulson harney print email sean omondi and george king of bowman gilfillan africa groups coulson harney office in nairobi, set out the key alternative dispute resolution mechanisms available in kenya. When the lagos multidoor courthouse lmdc opened in 2002, it was africas first courtconnected alternative dispute resolution centre.
Similarly, in other settings, the nature and origins of conflict generally, or of the particular type of dispute being dealt with, have not been of major concern. Nigeria is the lagos state magistrates court law, 2009 which in respect of alternative dispute resolution mechanism adr provided as follows. Collectively, all the alternative dispute resolution adr methods are alternatives to litigation. Jul 18, 20 this stage is now firmly regarded as the alternative dispute resolution stage adr and it can result in the settlement of a matter without recourse to full trial. Sep 17, 20 traditional conflict resolution based on customary law plays a considerable part in dispute and conflict resolution in south sudan.
Jan, 2016 customary arbitration as an alternative dispute resolution mechanism in nigeria. However, it was only in 1898 that congress authorised the use of mediation for collective bargaining in new york and. Are there any model timeframes for the steps taken by your competent authority from the receipt of a map case to the. This success started in lagos and has been replicated across the country. Drawing on the extensive knowledge of our africa practice lawyers as well as experienced local counsel in each of the jurisdictions, the guide answers some of the key questions asked by those facing disputes in africa and by potential investors into africa wanting to understand better the legal systems across the continent.
Conflict resolution in the ways of our ancestors, being the text of the address delivered by his. Alternative dispute resolution nigeria seminars and. Dispute resolution process tries to resolve and check conflicts, which enables persons and group to maintain cooperation. Trade dispute resolution mechanisms omowunmi arogundade trade dispute mechanisms in nigeria, as prescribed by the act are illustrated in the diagram below. Embrace alternate dispute resolution, group urges nigerians. Thus, the need for effective dispute resolution mechanisms to be adequately put in place arises. Adr has remained largely a private parallel system of dispute resolution notwithstanding its many acclaimed advantages. Alternative dispute resolution in africa africa center for strategic. This will ensure a focused national policy direction for adr practice in the country.
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