THE EFFICACY OF ALTERNATIVE DISPUTE RESOLUTION IN CONFLICT MANAGEMENT IN NIGERIA
DOI :
https://doi.org/10.5281/z8vj0622Mots-clés :
mediation, arbitration, negotiation, conciliation, decongestion of courtsRésumé
The term Conflict refers to dispute between two or more persons. In most cases, such conflicts are resolved by the Conventional Courts in Nigeria. This method of resolution of conflicts however, has been criticized by scholars for inefficiency and high cost in the process of settling of disputes. Consequently, to remedy these challenges, other processes involving Arbitration, Mediation, Conciliation and Negotiation was introduced to lift the burden of slow adjudication of cases at the conventional courts through its flexible method of settlement of disputes. Thus, the adoption of these mechanisms necessitates faster and cheaper means of dispensing justice in Nigeria and in Africa. Against this background, the authors argued the need to analyse successes recorded by ADR in resolving conflicts in line with the UN peace Charter adopted under the Nigeria law. The paper further demonstrated the challenges of ADR in its implementation and enforcement in resolving conflicts. The authors therefore maintained the importance of ADR in decongesting courts through its inherent flexibility. The authors concluded with a recommendation emphasizing public awareness in resolving disputes in Nigeria. This study adopts a doctrinal methodology by relying on quantitative analysis of primary and secondary sources such as statutes and international frameworks as well as treaties appertaining on alternative dispute resolutions.