The evolution and maturation of the practice of Alternative Dispute Resolution (ADR) in Nigeria has a checkered history.
The journey began and was forged in the crucible of African Traditional practices whereby disputes and conflicts of whatever coloration were peacefully and amicably resolved through the agency of the different layers of authority within the traditional society ,namely, the family council consisting of it’s principal members and presided over by the family head; the quarter or area council consisting of the family heads of the various compounds and presided over by the quarter head,culminating in the jurisdiction of the King- in- council whereat the quarter heads and other major chieftains were represented.
Proceedings before the native tribunals were convivial and non- confrontational and the verdict carefully calibrated by way of Compensation, Restitution, Restoration and Apology in order to ensure reconciliation between or amongst the disputants.
We shall return to the lessons of Customary Arbitration later in this address.
The extant mode of traditional dispute resolution was however tragically supplanted upon the introduction of British colonial rule by a court system whereby disputes between individuals and between groups were submitted to the Magistrates and judges of the various grades and levels of courts.
Like all alien practices forced on a subjugated people, the roughly seven decades of the English court system has manifested it’s limitations and contradictions in the inordinate delays,heavy costs,unsatisfactory outcomes of permanent schism and rupture of goodwill and friendships.
In recent times, Alternative modes of dispute settlement have been introduced in an apparent effort to ameliorate the situation.
Alternative Dispute Resolution (ADR) refers to the different ways by which people can resolve disputes without trial in a court of law. ADR processes consist mainly of Arbitration, Mediation Nuetral evaluation and settlement conferences.
ADR initiatives in Nigeria have been undertaken variously by government,as with the Lagos Court of Arbitration ( LCA); jointly by government and private efforts, as with the Lagos Multi-Door Courthouse (LMDC); by commercial institutions such as the Lagos Chamber of Commerce which founded the Lagos; Chamber of Commerce Arbitration Centre; and by individual organizations such as the International Centre for Arbitration and Mediation (ICAMA),the Chartered institute of Arbitration ( U.K.) Nigeria branch and the new organization being inaugurated today- the Institute of Alternative Dispute Resolution Development and Conflict Management of Nigeria (i-ADRNIGERIA
Our institute is established as a platform for the resolution of a broad spectrum of disputes arising from commercial , industrial and corporate transactions and community interactions.
I-ADRNIGERIA has the unique feature of incorporating the allied field of conflict management into the catalogue of services offered to the public . This is to reflect some endemic conflicts bedeviling our communities- tribal, ethnic, religious, workplace and schools.
Conflict Management is the process of identifying and resolving disagreements in a fast and efficient way using several tools,skills,and processes to find creative and respectful ways to manage disputes.
Fewer than 10% of Nigerian Universities and other tertiary institutions teach mandatory courses in Alternative Dispute Resolution and Conflict Management hence the need for institutions like
i- ADRNIGERIA to step up and fill the need to mainstream these vital disciplines.
Another important and unique feature of our approach at i-ADRNIGERIA is it’s deliberate and extensive course of training in Customary Arbitration. As we noted earlier in this address, African societies invented informal dispute resolution through it’s in-built traditional institutions. These traditional methodologies need to be revisited and resuscitated to broaden the scope of ADR and Conflict management today.
i-ADRNIGERIA is committed to promoting and advancing the best standards in ADR and Conflict management practice so as to ensure seamless commercial, industrial and corporate landscape and peaceful and cohesive communities in Nigetia.