TABLE OF CONTENTS
TABLE OF CONTENTS
ABSTRACT
CHAPTER ONE
INTRODUCTION
1.1 BACKGROUND TO THE STUDY
1.2 STATEMENT OF THE PROBLEM
1.3 OBJECTIVES OF THE STUDY
1.4 SCOPE AND LIMITATION OF THE RESEARCH
1.5 RESEARCH METHODOLOGY
1.6 LITERATURE REVIEW
1.7 SIGNIFICANCE OF THE RESEARCH
1.8 CHAPTER ANALYSIS
CHAPTER TWO
MEANING, NATURE AND SCOPE OF ADR
2.1 INTRODUCTION
2.2 DEFINITION OF ADR
2.3 ORIGIN OF ADR
2.4 NATURE OF ADR PROCESSES
2.5 SCOPE OF ADR
2.6 SOURCES OF LAW OF ADR
2.7 IMPORTANCE OF ADR
2.8 ADVANTAGES OF LITIGATION
2.9 DISADVANTAGES OF LITIGATION
2.10 THE CONCEPT OF CONFLICT
2.11 PROMOTING ADR IN NIGERIA
2.12 SKEPTICISM ABOUT ADR IN NIGERIA
CHAPTER THREE
ARBITRATION AS AN INTEGRAL PART OF ADR
3.1 INTRODUCTION
3.2 MEANING AND ESSENCE OF ARBITRATION
3.3 IS ARBITRATION PART OF ADR PROCESSES
3.4 NATURE AND SCOPE OF CUSTOMARY ARBITRATION
3.5 TYPES OF ARBITRATION
3.6 ARBITRATION AGREEMENT
3.7 COMMENCEMENT OF ARBITRATION PROCEEDINGS
3.8 ADVANTAGES OF ARBITRATION
3.9 SHORTCOMINGS OF ARBITRATION
3.10 RECOGNITION AND ENFORCEMENT OF AWARD
3.10.1 Impeachment of an Award
3.10.2 Recognition
3.10.3 Enforcement of Award
3.10.4 Recognition and Enforcement under the New York Convention
3.10.5 Recognition of Arbitral Award under the New York Convention
3.10.6 Interim Orders In Arbitration
3.10.7 Cost of Arbitration
3.11 THE ROLE OF LAWYERS IN ARBITRATION
3.11.1 The Law Teacher and Arbitration
3.11.2 Lawyers at the Public Bar and Arbitration
3.11.3 Private Legal Practitioners and Arbitration
3.11.4 Lawyer and Arbitration
3.12 THE ROLE OF THE COURTS AND JUDGES IN ARBITRATION
3.13 THE DEVELOPMENT OF INSTITUTIONAL ARBITRATION IN NIGERIA
3.14 THE FUTURE OF ARBITRATION IN NIGERIA
CHAPTER FOUR
AN OVERVIEW OF OTHER ADR METHODS
4.1 INTRODUCTION
4.2 NEGOTIATION
4.3 CONCILIATION
4.4 MEDIATION
4.5 MINI-TRIAL
4.6 EARLY NEUTRAL EVALUATION
4.7 MEDIATION–ARBITRATION (MED-ARB.)
4.8 SUMMARY JURY TRIAL
4.9 SETTLEMENT WEEK
4.10 CASE EVALUATION (MICHIGAN MEDIATION)
4.11 OMBUDSMAN
4.12 COLLABORATION DIVORCE
4.13 PARTY DIRECTED MEDIATION
4.14 ONLINE DISPUTE RESOLUTION
4.15 DISPUTE SYSTEMS DESIGN
4.16 APPLICABILITY OF ADR IN CRIMINAL MATTERS IN NIGERIA
4.17 THE PROBLEMS OF INSTITUTIONALIZING ADR IN THE NIGERIAN LEGAL SYSTEM
4.18 ADR IN GLOBAL PERSPECTIVE
CHAPTER FIVE
THE MULTI-DOOR COURT HOUSE CONCEPT AS A VIABLE ADR OPTION FOR NIGERIA
5.1 DEVELOPMENT AND EVOLUTION OF THE MULTI-DOOR CONCEPT
5.2 ORIGIN AND HISTORY OF MULTI-DOOR COURTHOUSE AND ITS RECEPTION INTO NIGERIA
5.3 THE LAGOS MULTI-DOOR COURTHOUSE
5.4 THE CASE PROCESS AT LMDC
5.5 THE “DOORS” OF THE LMDC
5.6 THE FUTURE OF THE LAGOS MULTI-DOOR COURTHOUSE
5.7 ABUJA MULTIDOOR COURTHOUSE
5.8 LAGOS STATE CITIZENS’ MEDIATION CENTRE (CMC) LAW
5.9 KWARA STATE CITIZENS’ MEDIATION AND CONCILIATION CENTRE
5.10 ADR ACROSS THE STATES IN NIGERIA
CHAPTER SIX
CONCLUSION
6.1 SUMMARY OF FINDINGS
6.2 OBSERVATIONS
6.3 RECOMMENDATIONS
6.4 CONTRIBUTION TO KNOWLEDGE
6.5 RECOMMENDATION FOR FURTHER RESEARCH
WORKS CITED
Abstract
The use of Alternative Dispute Resolution (ADR) in dispute settlement has received approval in many nations including Nigeria. There has been increasing awareness of the many advantages derivable from the application of ADR process given the increasing involvement of Nigerians in domestic and international trade. As a process, ADR is designed to eliminate perennial delays experienced in our regular courts. The practice of ADR has been in existence from time immemorial and has often been made use of by individual or parties to dispute due to its practical advantages in settling disputes with little formality and expenses compared to what obtains in the law courts. The thesis examines ADR in a broad perspective, its scope, relevance and the extent of its application in Nigeria in civil cases. The possibility of integrating ADR process into the criminal process has also been canvassed in the thesis. The thesis has adopted the doctrinal method of research by reviewing the existing literature in the field, bringing out the strengths and weaknesses in the relevant materials. Such resource materials are both primary and secondary. The primary sources are the Constitution of the Federal Republic of Nigeria 1999 as amended, the Arbitration and Conciliation Act 2004, Citizens Mediation Centre Laws of Kwara and Lagos States, Lagos Court of Arbitration Law 2009, Lagos State Arbitration Law 2009, Lagos Multi-door Courthouse Law 2007, High Court Civil Procedure Laws of Kogi, Kano, Rivers, Lagos states and a host of other local enactments. Reliance was also placed on foreign enactments such as International Arbitration Act 1974, United States Uniform Act 1955, Queensland Commercial Arbitration Act 1990 and others. The secondary materials consist of textbooks, journal articles, internet sources, magazines and newspapers. The doctrinal method was adopted due to the fact that there are adequate information in the primary and secondary materials to drive the research to logical conclusion. Thus, the non-doctrinal method has not been considered a necessity. The thesis establishes that the scope of the Arbitration and Conciliation Act 2004 is limited and does not cover customary arbitration and other domestic disputes outside commerce. In addition, the federal Government is yet to establish a court of arbitration or conciliation or any regulatory body to regulate the practice of ADR in Nigeria, thus leaving the field unregulated. Still, the thesis has established that many States in Nigeria, are yet to embrace the ADR process in Nigeria and that despite the potentials in the ADR process, there are inbuilt or inherent challenges such as voluntariness of the ADR process, reliance on the courts for enforcement of judgment which occasions waste of time and its inappropriate where the interpretation of statute, declaratory orders or emergency situations are concerned, among others. These revelations have shown that the ADR process is fraught with imperfections and that a lot needs to be done to institutionalize the practice in Nigerian legal system. The implication of this is that there is urgent need to amend the Arbitration and Conciliation Act to embrace not only commercial arbitration but also customary, domestic and religious disputes as well as procedural rules to regulate ADR proceedings in Nigeria. The Federal Government should also setup ADR institution of international standard capable of competing with similar institution in the world. There should also be a form of continuing legal education programme for lawyers, judges, law teachers and other stakeholders relevant to the ADR process in Nigeria.
CHAPTER ONE
INTRODUCTION
1.1 BACKGROUND TO THE STUDY
Disputes are generally inevitable part of human interaction. It ranges from
personal, intrapersonal to interpersonal also from group, intragroup to inter-groups. Such disputes are likely to arise from different human transactions including economic activities, family relationships, community and neighbourhood activities and other social relationships, international activities, religious activities and other civil activities.
The traditional method of resolving such disputes where negotiation failed was by litigation. With the economic, social and political developments in the country, there has been considerable rise in the number of cases in our courts which has made the process of litigation more and more time consuming, expensive, technical and unduly cumbersome.1
But as it is well known, commercial men and women are by nature and practice in a hurry when a dispute arises in their business transactions to have their rights and liabilities determined as soon as possible without undue waste of time so that they can get on with their business. They would prefer a situation where their differences are ironed out in a friendly, congenial and businesslike atmosphere.2 They would also prefer a situation where the matter in dispute is resolved by persons who are experienced and......
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