ALTERNATIVE DISPUTE RESOLUTION AND CONFLICT MANAGEMENT IN

NIGERIA

Amina AJ1, Nevaluz SY2.

1BIRDS Cavendish University Kampala Uganda, 2College of Post Graduate Studies,

Abstract

This paper investigates Alternative Dispute Resolution (ADR) and its crucial role in managing
conflicts in Nigeria. In a society marked by diverse cultural, ethnic, and religious affiliations,
traditional litigation encounters challenges in effectively addressing disputes. The research
explores the historical evolution of ADR mechanisms in Nigeria, delving into their cultural and
legal foundations. Utilizing an extensive examination of scholarly literature, legislative
frameworks, and case studies, the study assesses the effectiveness of ADR methods, such as
arbitration, mediation, and conciliation, in resolving disputes across various sectors. It
scrutinizes factors that contribute to the preference for ADR over traditional litigation,
including speed, cost-effectiveness, and the preservation of relationships. Moreover, the paper
evaluates the impact of ADR on the Nigerian legal system and scrutinizes challenges faced in
its implementation. It considers the roles of governmental and non-governmental entities in
fostering ADR awareness, education, and training for legal practitioners and the general
populace. In conclusion, this research offers valuable insights into the symbiotic relationship
between ADR and conflict management in Nigeria. The findings contribute to the ongoing
discourse on nurturing a harmonious and efficient dispute resolution framework that aligns
with the nation's socio-cultural diversity. The recommendations derived from this study aim to
improve the integration and utilization of ADR mechanisms, ultimately fostering a more
resilient and responsive conflict resolution system in Nigeria.

Key words: Arbitration, Disputes, Resolution

1
Introduction: governance, expert determination, mini-trial,
The realm of Nigerian law has witnessed the etc (Uwazie, 2011). Lawyers often play a
pivotal integration of Alternative Dispute major role in ADR processes, either by
Resolution (ADR) as a noteworthy alternative advising clients on and representing them in
to conventional litigation for conflict proceedings or by serving as adjudicators,
resolution. This paper delves into the arbitrators, conciliators as well as mediators.
evolution, mechanisms, and efficacy of ADR ADR refers to a variety of processes and
in Nigeria, casting light on its significance techniques designed to help disagreeing
within the nation's legal framework. The parties come to an agreement short of
concept of Alternative Dispute Resolution litigation.
Alternative dispute resolution is an approach The alternative dispute resolution centre is
that seek to involve the disputing parties in established to resolve certain disputes arising
the resolution of their conflict, thereby from labour, employment, industrial
increasing the probability that each of them relations, work place, etc, between parties
will be more satisfied with the outcome than using the process of mediation and/or
a situation in which a manager or a trial judge conciliation techniques to assist parties
imposes a decision (Oni-Ojo, Iyiola & resolve their dispute and arrive at mutually
Osibanjo, 2014). In conflicts of interest, acceptable agreement in less costly, speedy
confidentiality in ADR has become and efficient manner (National Industrial
increasingly complex and controversial over Court of Nigeria, 2019). The romantic days of
the years (MenkelMeadow, 1997). Thus, ADR appeared to over and many managers
ADR has had to forge its own confidentiality are increasingly attracted to it because of its
protections so that parties may share promise of flexibility, adaptability and
settlement and other potentially creativity with the need for ethics, standards
compromising facts with each other without of practice and rules as potentially limiting
fear that such information will be used outside and containing the promise of alternatives to
of the mediation. ADR refers to any rigid adversarial modes of dispute resolution.
mechanism or means of resolving disputes This is to said that anyone would engage in
outside the courtroom. ADR must of necessity be a moral, good,
It is seen as any method of resolving disputes creative and of course, ethical person. ADR
without litigation (Cornell Law School, has become institutionalized and routine; it is
2019). Oddiri (2004) the term alternative now practiced by many different managers,
dispute resolution is used to describe the pursuing many different goals in dispute
methods and procedures utilized in resolving resolution in the Nigeria work organizations
disputes as well as conflicts either as (Menkel-Meadow, 1997). ADR has started to
alternatives to the traditional dispute articulate in practice, if not in high flying
resolution mechanism of the court or in some theory, its own institutional competence to
cases of supplementary to such mechanisms. provide different kinds of processes and
ADR is the procedure for settling disputes different kinds of situations than those offered
without litigation, such as arbitration, by legislatures, courts or administrative
mediation, or negotiation (Findlaw, 2019). agencies. ADR was designed to provide more
These processes can include everything from creative, flexible, particularized as well as
facilitated settlement negotiation, in which participative solutions to disputes than the
disagreeing parties are encouraged to consult more traditional and adversary legal system
directly with each other prior to some other can provide.
legal process, to arbitration, which can look Historical Context:
and feel very much like a standard trial. ADR practices in Nigeria boast profound
The most commonly used ADR systems are historical roots, often tracing back to
negotiation, mediation, collaboration, indigenous dispute resolution methods.
arbitration, communication, good Traditional approaches like mediation,

2
arbitration, and conciliation thrived in diverse properly manage the conflicts (Dike, 1999).
ethnic communities, emphasizing Government is saddled with the responsibility
reconciliation and community harmony. to maintain peace and order in the country and
These practices laid the foundation for the to ensure safety of all using all the resources
acceptance of ADR in the contemporary legal available at its disposal, but reverse is the case
milieu. In Nigeria, the large number and high because government appears to be major
intensity of manifest or potential violent cause and the promoter of conflicts in the
conflicts emanate from political, country. Successive Nigerian governments
socioeconomic, ethno-religion, injustice and have managed Nigerian crises and conflicts in
the people’s everyday lives. Since the different but coercive and unconstructive
beginning of the democratization process in ways.
1999, the number and intensity of violent For instance, Abacha’s administration used
conflicts has tended to increase rather than police and military to resolve Ife Modakeke
decrease (Heinrich, 2008). Conflict crises in 1997, but all to no avail until
management styles can be persuasive, peaceful intervention of United States
collaborative, compromising, avoiding, Agency for International
coercive and accommodating (Ramin, 2011). Development/Office of International
Effective conflict management strategies can Initiatives (USAID/OTI). Soldiers were also
minimize the negative impacts of conflict on drafted in 1999 to quell conflict in the Arogbo
different parties and help create a trusting Ijaw-Ugbo Ilaje crises by Obasanjo’s
environment that builds healthy and administration.
improved interpersonal relationship, peaceful The same administration, in its bids to settle
co-existence, economic growth and national and resolve Niger-Delta crises sent Military
development (Ramin, 2011). Joint Task Force (JTF) to the area with
Looking at contemporary Nigeria, in view of ideological slogan ‘Operation Restore Hope’,
the various dimensions of conflicts (such as in order to win legitimacy. Also, in most of
political, religious and ethnic) among various the religious and tribal clashes, soldiers had
ethnic and religious groups in different parts been drifted to such areas in order to quench
of the country, one should ask the question, to crises and restore ‘peace’, little or no attention
what extent has the various approach in was paid to restore permanent peace between
managing conflict, yielded positive results? and among the concerned groups after
This question can be answered by looking at temporary peace was restored (Albert, 2003).
the present scenario of the crises that has All the coercive interventionist strategies
engulfed the political and socio-economic employed to solve the myriad socio-political
system of the country. religious crises in Nigeria have yielded next
Government has made concerted efforts to to no achievements. Today, the challenges are
address conflict situations, especially those becoming more daunting than ever. In the
that are religious and ethnic in nature. North-East the Boko Haram peril in the North
However, Nigerians are still experiencing Central Region, the Fulani herdsmen brutal
conflict related problems in spite the fact attacks of innocent villagers, the ShiiteSunni
Government is making efforts in conflict face off with the religious leader Zakzaky still
management and resolution. in detention.
In contemporary Nigeria, several mechanisms In the SouthSouth the long the age-old
have been adopted to manage conflicts but it’s MOSOP (Movement for the Survival of
very regrettable that none of the mechanisms Ogoni People) to the more recent MEND
absolutely minimized or put an end to the (Movement for the Emancipation of Niger
conflicts in Nigeria, what we have mostly is Delta), and lately, the NDA (Niger Delta
the escalation of conflicts as a result of poor Avengers) and the NDV (Niger Delta
management system of the conflict and the Volunteers).
insincerity of the government and its agents to

3
In the South-East, the MASSOB (Movement processes. Alternative Dispute Resolution has
for the Sovereign State of Biafra) is fast seamlessly integrated into Nigeria's legal
giving way to IPOB (Indigenous People of landscape, synthesizing traditional practices
Biafra). The Biafran movement has all the with contemporary legal frameworks. Despite
makings of a serious case for independence, challenges, its advantages in terms of
complete with flags, national anthem, efficiency, cost-effectiveness, and
national symbols, and all other paraphernalia relationship preservation establish ADR as an
of sovereignty. In the face of this over- invaluable instrument for conflict
bearing burden of discontent and management in Nigeria's diverse and
disenchantment, country is not at peace, and dynamic context.
the conflicts are escalating rather than
abating. This shows that conflict management Advantages of ADR in Nigeria:
techniques have not yielded the desired result 1. Time Efficiency: ADR processes typically
in Nigeria. Since the Fourth Nigerian outpace traditional litigation, providing a
Republic’s founding in 1999, farmer-herder more expeditious resolution of disputes.
violence has killed thousands of people and 2. Cost-Effectiveness: ADR proves more
displaced tens of thousands more. Insecurity economical, circumventing prolonged court
and violence have led many populations to procedures and associated expenses.
create self-defense forces and ethnic militias, 3.Preservation of Relationships: ADR
which have engaged in further violence. The mechanisms concentrate on maintaining
majority of farmer-herder clashes have relationships, proving especially valuable in
occurred between Fulani herdsmen and community and family disputes.
peasant farmers, exacerbating ethno-religious 4. Flexibility: ADR permits flexibility in the
hostilities. resolution process, customizing solutions to
the specific needs of the involved parties.
Legal Framework:
The legislative foundation for ADR in Nigeria Challenges and Criticisms:
is principally rooted in statutes. The Despite the widespread acceptance of ADR,
Arbitration and Conciliation Act (Cap A18, challenges endure. An eminent concern
LFN 2004) governs arbitration, while the involves the enforcement of ADR decisions,
Federal Mediation Centre Act (Cap F19, LFN particularly in instances of non-compliance.
2004) establishes the Federal Mediation Additionally, the potential bias of arbitrators
Centre, championing mediation. and mediators, inadequate training, and
Additionally, numerous state laws cultural barriers can impede the effectiveness
acknowledge and regulate ADR processes, of ADR in Nigeria.
underscoring its importance in dispute
resolution. Conclusions
In this paper, we have attempted to explain
Mechanisms of ADR: conflict management mechanisms in Nigeria,
Various ADR mechanisms find application in clarified some concepts, adopted the
Nigeria, encompassing arbitration, mediation, structural conflict theory as legal framework,
conciliation, negotiation, and collaborative and examined the causes of conflicts in the
law. Arbitration, frequently employed in country. The findings of this study revealed
commercial disputes, empowers parties to that conflict management mechanisms in
resolve issues through an impartial third Nigeria are not effective to mitigate conflicts
party. Mediation and conciliation involve a in the country. Yet, the hope for bringing the
mediator facilitating dialogue between conflicts to the minimum level in the country
disputing parties, striving for a mutually lies in promoting the logic and principle of
agreeable solution. These methods prioritize good governance enthroned. Conflict is
amicable settlements over adversarial inevitable yet it is the responsibilities of the

4
government to create a conducive Federal Mediation Centre Act (Cap F19, LFN
environment for everyone to pursue his
2004).
happiness by effectively managing the
conflicts in the country. To strengthen the Alero Akeredolu, "Alternative Dispute
conflict mechanisms in the present-day
Resolution in Nigeria: Development,
Nigeria, good governance must be put in
place to repair the entire systems or Progress, and Prospects," Journal of
institutions in the country to ensure effective
International Arbitration (2018).
management of the conflicts in the country.
References: Anthony Idigbe, "ADR in Nigeria: Progress,
Arbitration and Conciliation Act (Cap A18, Challenges, and Prospects," African Journal
LFN 2004). of Legal Studies (2016).
NDV Niger Delta Volunteers

5
LIST OF ACRONYMS
ADR Alternative Dispute Resolution
MOSOP Movement for the Survival of Ogoni People
MEND Movement for the Emancipation of the Niger Delta
NDA Niger Delta Avengers