Arbitration and Mediation: The New in Nigeria
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Date
2004
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Faculty of Law, Kwara State University Malete
Abstract
The landscape of dispute resolution in Nigeria has witnessed a paradigm shift in recent years with arbitration and mediation emerging as potent alternatives to traditional litigation. This chapter delves into the evolving landscape of arbitration and mediation in Nigeria and explores the dynamic changes and innovations in this field. Its aim is to critically examine the contemporary developments in arbitration and mediation within the Nigerian context and its objectives include to elucidate the historical context of arbitration and mediation in Nigeria, to analyze the legislative and regulatory framework governing arbitration and mediation in Nigeria; to evaluate the current trends and practices in arbitration and mediation; to explore the role of technology and innovation in enhancing the efficiency and accessibility of arbitration and mediation processes in Nigeria; and, to assess the challenges and opportunities faced by arbitration and mediation practitioners in Nigeria. This chapter adopts the doctrinal research method. The research draws extensively from primary and secondary sources, including legislation, internet sources, academic literature, and theoretical data. The research also incorporates comparative analysis with international best practices. The significance of this chapter lies in its contribution to the understanding of arbitration and mediation as effective mechanisms for dispute resolution in Nigeria. The chapter is also significant given that identifies areas where Nigeria can broaden its arbitration and mediation infrastructure to align with global standards. The chapter concludes by noting that arbitration and mediation have evolved significantly in Nigeria and presents a promising “new” approach to dispute resolution. It recommends that there is a need to strengthen the enforcement of arbitral awards through legislative reforms and improved coordination between the judiciary and arbitral institutions; that there is a need to enhance the capacity-building efforts for arbitration and mediation practitioners by establishing specialized training programs and certifications; that Nigeria should promote awareness and education on the benefits of arbitration and mediation among businesses, legal professionals, and the general public; that Nigeria should continue to monitor international best practices in arbitration and mediation and adapt its regulations to remain globally competitive; and, that there is a need to embolden the use of technology and Online Dispute Resolution (ODR) platforms to expand access to arbitration and mediation services, especially in remote and underserved areas.
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Citation
Comtemporarory Issues in Law, Democracy a& Good Governance Festscrifts in Honour of Mike A. A. Ozekhome SAN pg 242-259