ALTERNATIVE DISPUTE RESOLUTION
AND TECHNOLOGY IN NIGERIA.
Alternative Dispute Resolution(ADR) in Nigeria is not a new field. Without doubt, disputes
are invariable and recurring decimal in human and commercial interactions. Thus, the need
for effective dispute resolution mechanisms to be adequately put in place arises. Concern
over cost and delays in litigation procedures together with increasing globalization have led
to more flexible means of resolving disputes which provide alternatives to court-based
litigation governed by the law and procedure of a particular state or country. Disputes are
generally an inevitable part of human interaction; they may be domestic, international, civil,
commercial, or economic in nature. Litigation has been the traditional method of resolving
disputes, which may arise as a result of default (sometimes unintended) by a party.
Overtime, the process of litigation has become more and more time consuming, expensive,
cumbersome and increase in the number of cases in courts have led to the congestion and
delay in their resolution. Some disputes are sensitive and confidential in nature and
disputants may prefer settlement in private to one in public glare of court. In addition, the
complexity of court litigation tends often times towards increase in costs which disputants
are naturally anxious to reduce. On the other hand, there may be claims involving small
sums, which may be worth the cost of litigation. All these have led to the development of
alternative methods of solving disputes.
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 mechanisms of the court or in some cases supplementary to such mechanisms.
Apart from the fact that businessmen and women now prefer private resolution of their
disputes to exposure to the machinery available in the glare of the regular courts, there is
the advantage of that settlement through ADR avoids what can be best described as
acrimony, which often times arise in litigation. It reduces hostility and antagonism; but most
, importantly, ADR saves business relationships and encourages a continued cordiality
between the parties. It is simply the process of settling disputes between two parties in a
private nature.
This paper will examine the different procedures of ADR, the advantages, opportunities
and challenges of ADR, the future of ADR in light of the digital age and how ADR and
technology intersects.
The most common method of ADR –inter alia- includes negotiation, mediation, conciliation,
arbitration, and litigation. For the purpose of this discussion, ADR may be conveniently
categorized into two groups namely: the non-binding ADR and the binding ADR. The non-
binding ADR includes negotiation, mediation or conciliation and neutral evaluation. These
methods are mainly consensual and reconciliatory. Binding ADR includes arbitration and
other adjudicatory ADR methods. It can be said that the use of arbitration has been long
established in Africa even though it is right to admit that it has not obtained its optimum
usage within the continent, especially in Nigeria. The same applies to other binding ADR
methods like Mini-trial, Expert Determination and Mediation-Arbitration (MedArb). These
shall be summarily examined below.
NEGOTIATION: Negotiation is a process in which two or more parties hold discussions in an
attempt to develop agreement on matters of mutual concern. This process of
communication which involves the give and take of ideas and mulling over options in an
endeavour to find common ground forms the basis of every non-adjudicative dispute
resolution procedure. Negotiation is an indispensable step in any ADR process as it is
consensual to all ADR activities. It is believed to be the most satisfactory method of dispute
settlement. It involves the discussions or dealings in a matter with the intention to reconcile
differences and establish areas of agreement, settlement or compromise that would be
mutually beneficial to the parties. Usually, negotiation consists of a “quid pro quo” of sorts
which is the giving up of something in order to get something else in return.
FACILITATION: When a neutral party enters discussions to help the parties work towards
consensus, the process is described as “facilitated negotiation” or “facilitation”. The
“facilitator” does not concentrate on the substance of the issues for discussion. Rather, he
or she assists the parties to focus on the salient issues to improve their chances of reaching
an agreement.
AND TECHNOLOGY IN NIGERIA.
Alternative Dispute Resolution(ADR) in Nigeria is not a new field. Without doubt, disputes
are invariable and recurring decimal in human and commercial interactions. Thus, the need
for effective dispute resolution mechanisms to be adequately put in place arises. Concern
over cost and delays in litigation procedures together with increasing globalization have led
to more flexible means of resolving disputes which provide alternatives to court-based
litigation governed by the law and procedure of a particular state or country. Disputes are
generally an inevitable part of human interaction; they may be domestic, international, civil,
commercial, or economic in nature. Litigation has been the traditional method of resolving
disputes, which may arise as a result of default (sometimes unintended) by a party.
Overtime, the process of litigation has become more and more time consuming, expensive,
cumbersome and increase in the number of cases in courts have led to the congestion and
delay in their resolution. Some disputes are sensitive and confidential in nature and
disputants may prefer settlement in private to one in public glare of court. In addition, the
complexity of court litigation tends often times towards increase in costs which disputants
are naturally anxious to reduce. On the other hand, there may be claims involving small
sums, which may be worth the cost of litigation. All these have led to the development of
alternative methods of solving disputes.
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 mechanisms of the court or in some cases supplementary to such mechanisms.
Apart from the fact that businessmen and women now prefer private resolution of their
disputes to exposure to the machinery available in the glare of the regular courts, there is
the advantage of that settlement through ADR avoids what can be best described as
acrimony, which often times arise in litigation. It reduces hostility and antagonism; but most
, importantly, ADR saves business relationships and encourages a continued cordiality
between the parties. It is simply the process of settling disputes between two parties in a
private nature.
This paper will examine the different procedures of ADR, the advantages, opportunities
and challenges of ADR, the future of ADR in light of the digital age and how ADR and
technology intersects.
The most common method of ADR –inter alia- includes negotiation, mediation, conciliation,
arbitration, and litigation. For the purpose of this discussion, ADR may be conveniently
categorized into two groups namely: the non-binding ADR and the binding ADR. The non-
binding ADR includes negotiation, mediation or conciliation and neutral evaluation. These
methods are mainly consensual and reconciliatory. Binding ADR includes arbitration and
other adjudicatory ADR methods. It can be said that the use of arbitration has been long
established in Africa even though it is right to admit that it has not obtained its optimum
usage within the continent, especially in Nigeria. The same applies to other binding ADR
methods like Mini-trial, Expert Determination and Mediation-Arbitration (MedArb). These
shall be summarily examined below.
NEGOTIATION: Negotiation is a process in which two or more parties hold discussions in an
attempt to develop agreement on matters of mutual concern. This process of
communication which involves the give and take of ideas and mulling over options in an
endeavour to find common ground forms the basis of every non-adjudicative dispute
resolution procedure. Negotiation is an indispensable step in any ADR process as it is
consensual to all ADR activities. It is believed to be the most satisfactory method of dispute
settlement. It involves the discussions or dealings in a matter with the intention to reconcile
differences and establish areas of agreement, settlement or compromise that would be
mutually beneficial to the parties. Usually, negotiation consists of a “quid pro quo” of sorts
which is the giving up of something in order to get something else in return.
FACILITATION: When a neutral party enters discussions to help the parties work towards
consensus, the process is described as “facilitated negotiation” or “facilitation”. The
“facilitator” does not concentrate on the substance of the issues for discussion. Rather, he
or she assists the parties to focus on the salient issues to improve their chances of reaching
an agreement.
