2020SSRN Electronic JournalOpen access

Transforming Mediation and Conciliation Practices for Effective Dispute Resolution in Nigeria

Samuel Dike

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Abstract

Mediation and conciliation as a means of dispute settlement have been transformed from the primitive means to an egalitarian choice. In settling commercial disputes, primitive society have resorted to fighting, but in recent times people are beginning to recognize the benefits of settling matters peaceably as against the primitive methods which were either by flipping coins or doing some by fist. This paper seeks to discuss alternatives to violent methods such as the need for alternative dispute resolution (ADR), mediation and conciliation methods as forms of ADR in Nigeria. These methods are particularly helpful in preserving relationships during and after a dispute have arisen, though not in all cases. A general overview of mediation and conciliation as alternative dispute resolution (ADR) mechanisms, its practice and procedures in Nigeria are discussed in this work. An examination of the past regulatory frameworks as well as emerging trends, guidelines and procedures in mediation and conciliation are briefly considered. The paper notes the advantages and disadvantages as well as the similarities and difference between these. Finally, the authors discussed the effectiveness of the processes of mediation and conciliation in Nigeria, as a case study. The authors further recommend an enlightenment on the part of stakeholders in dispute settlement trajectory to ensure that greater percentage of disputants are exposed to the benefits of mediation and conciliation as this will enhance its viability as an ADR mechanism in Nigeria.

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What this paper is about

Mediation and conciliation as a means of dispute settlement have been transformed from the primitive means to an egalitarian choice. In settling commercial disputes, primitive society have resorted to fighting, but in recent times people are beginning to recognize the benefits of settling matters peaceably as against the primitive methods which were either by flipping coins or doing some by fist. This paper seeks to discuss alternatives to violent methods such as the need for alternative dispute resolution (ADR), mediation and conciliation methods as forms of ADR in Nigeria. These methods are particularly helpful in preserving relationships during and after a dispute have arisen, though not in all cases. A general overview of mediation and conciliation as alternative dispute resolution (ADR) mechanisms, its practice and procedures in Nigeria are discussed in this work. An examination of the past regulatory frameworks as well as emerging trends, guidelines and procedures in mediation and conciliation are briefly considered. The paper notes the advantages and disadvantages as well as the similarities and difference between these. Finally, the authors discussed the effectiveness of the processes of mediation and conciliation in Nigeria, as a case study. The authors further recommend an enlightenment on the part of stakeholders in dispute settlement trajectory to ensure that greater percentage of disputants are exposed to the benefits of mediation and conciliation as this will enhance its viability as an ADR mechanism in Nigeria.

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Available abstract

Mediation and conciliation as a means of dispute settlement have been transformed from the primitive means to an egalitarian choice. In settling commercial disputes, primitive society have resorted to fighting, but in recent times people are beginning to recognize the benefits of settling matters peaceably as against the primitive methods which were either by flipping coins or doing some by fist. This paper seeks to discuss alternatives to violent methods such as the need for alternative dispute resolution (ADR), mediation and conciliation methods as forms of ADR in Nigeria. These methods are particularly helpful in preserving relationships during and after a dispute have arisen, though not in all cases. A general overview of mediation and conciliation as alternative dispute resolution (ADR) mechanisms, its practice and procedures in Nigeria are discussed in this work. An examination of the past regulatory frameworks as well as emerging trends, guidelines and procedures in mediation and conciliation are briefly considered. The paper notes the advantages and disadvantages as well as the similarities and difference between these. Finally, the authors discussed the effectiveness of the processes of mediation and conciliation in Nigeria, as a case study. The authors further recommend an enlightenment on the part of stakeholders in dispute settlement trajectory to ensure that greater percentage of disputants are exposed to the benefits of mediation and conciliation as this will enhance its viability as an ADR mechanism in Nigeria.

Key concepts: Conciliation, Mediation, Alternative dispute resolution, Dispute resolution, Settlement (finance), Lawyer supported mediation, Political science, Law

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