Adopting Alternative Dispute Resolution (Adr) Mechanisms in the Settlement of Disputes between States and Non-State Actors in Nigeria
- Dr. Vincent Emhoedumhe Mammud1 & Dr. Simon Ejokema Imoisi2
- DOI: 10.5281/zenodo.22810131
- ISA Journal of Multidisciplinary (ISAJM)
Alternative Dispute
Resolution (ADR) refers to the set of methods or mechanisms for resolving
disputes outside litigation for the peaceful co-existence of states and
non-state actors as it is capable of building public trust in state
institutions, reducing social conflict, and creating a more peaceful
society. ADR aims to provide a more
efficient, cost effective, and less adversarial approach to conflict resolution
including those between states and non-state actors. State actors refer to
governments at different tiers and their agencies, and corporations where
governments have investment interest while non-state actors refer to private
individuals, businessmen, private companies, etc. The methodology that was adopted in this
study is the doctrinal research method that focuses majorly, on the
interpretation of legal rules, principles, and concepts. The study highlights the limitations of
traditional litigation in addressing the complex and often sensitive nature of identified
disputes involving states and non-state actors.
ADR mechanisms such as mediation, conciliation, arbitration, and
negotiation, etc. offer a promising alternative to the adversarial system of
resolving disputes. This paper discusses the legal framework, benefits, and
challenges of implementing ADR in Nigeria, with a focus on enhancing access to
justice, promoting peaceful conflict resolution, and strengthening
state-non-state actor relationships. It showcased some notable existing cases
in some superior courts of records that ADR has been used to resolve, and some
of the pending cases that ADR can be used to resolve. The paper underscores the potential of ADR in
resolving disputes efficiently, reducing costs, and fostering collaborative
relationships between states and non-state actors. Arising from the foregoing, the Research
recommends amongst others the need for the National Assembling and the House of
Assembly of various States of the Federation to enact/codify ADR-specific
legislation to govern dispute resolution involving states and non-state actors
while amending existing laws to incorporate specific ADR provisions that would
make it mandatory for states and non-state actor’s disputes to first go through
ADR process, whether or not such provision was included in their memoranda of
understanding and Agreements.
Keywords: Alternative, Disputes, Resolution, Mechanisms, Litigation,
Adversarial, States, Non-States.