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Adopting Alternative Dispute Resolution (Adr) Mechanisms in the Settlement of Disputes between States and Non-State Actors in Nigeria

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.