ALTERNATIVE DISPUTE RESOLUTION IN NIGERIA: BREAKING NEW BOUNDARIES
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Abstract
The field of Alternative Dispute Resolution is familiar. This may be due to the invariably
recurring decimal of conflicts in society’s various human and commercial interactions. This
paper examines the legislative framework of Nigeria’s Arbitration and Mediation Act and the
fundamental guiding principles from which arbitration laws are derived. Arbitration has moved
from the stage of rejection to suspicion and acceptance. It is still budding in the Nigerian legal
system but creating workable avenues and mechanisms to solve conflicts remains
indispensable. Litigation, being the structured court system based on adversarial conversations
and determination of the disputes, which is determined by a judgment produced in a win-lose
situation, may therefore be defined as the opposite of Alternative Dispute Resolution, which is
purely non-adversarial and utilises the expertise and assistance of a skilled, impartial and
neutral third party. Since the 2005 Bank Consolidation Era and the 2008 Financial Crisis, there
have been calls for the arbitration of banking disputes. However, these calls are yet to be
embraced, given the reactionary response of banks toward referring conflicts to litigation
forums. This leaves so much to be desired. As a result, this paper highlights the recent
incorporation of Alternative Dispute Resolution into conflict resolution rules and discusses the
necessity for appropriately specified procedural frameworks.
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