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By Emma Njoku
Nigerians have been advised to embrace the Alternative Dispute Resolution (ADR) as the easiest and fastest means of resolving disputes and conflicts.
President and Chairman, Governing Council of the Institute of Alternative Dispute Development and Conflict Management of Nigeria (iADRNigeria), Prof. Akin Ibidapo-Obe, gave the advice at the induction ceremony of 316 new associates, members and fellows by the institute, last weekend, in Lagos.
The professor of law described the ADR as a panacea to the protracted process that characterise justice delivery in the Nigerian Judiciary.
“ADR is very important. Even at the Supreme Court now, there’s a section where you try to mediate through the alternative dispute resolution. So the ADR has been largely embraced by the Nigerian justice sector. It has become part of justice delivery. We believe that justice delivery is better privatised, not totally, but such that not only the Judges can dispense justice; there should be different levels of justice delivery,” Prof. Ibidapo-Obe said.
“If somebody is coming to Nigeria, he knows that whatever commercial dispute he has would be resolved within three months. But if such dispute resolution is going to wait for 23 years (in the court), it is not going to be interesting,” he added.
On why some parties in disputes still revert or return to the court after a matter has been decided at the ADR level, Prof. Ibidapo-Obe said: “What that means is that we need to educate ourselves more, particularly the lawyers who feel that the ADR is somehow depriving them of their livelihood. They need to understand that “the sky is wide enough for every bird to fly”. A lawyer who qualifies as an arbitrator will gain more commercial value than sticking to litigation alone. So we need to understand what litigation is, and what to do to make more impact as an arbitrator.”
On the extent to which the ADR could restore the confidence of the public in the nation’s justice sector, considering the seeming integrity deficit in the judiciary, the legal luminary said.
“First of all, I would say that the problem of corruption in the judiciary is a direct reflection of the larger society. So, if we are not careful, it will also permeate the arbitration sector. But what we are doing is to make sure that we establish the arbitration sector as a competitive pathway to justice. So that if you cannot get justice in the normal court, you can get it in the private court, because that’s what the ADR is all about. What that means is that the judiciary would have to raise their game if they want to continue to be relevant”.
Regardless, Prof. Ibidapo-Obe maintained that the judiciary has embraced the ADR, both at the Supreme Court and at the Appeal Court, as most judges now encourage arbitration settlement of disputes unlike before.
“The message is that we should embrace new ideas; we should see that dispute resolution as something that can be done privately or publicly”, he averred.
Earlier, Chairperson of the occasion, Hon. Justice Helen Moronkeji Ogunwumiju, Justice of the Supreme Court of Nigeria, noted that alternative dispute resolution has, over time, assumed a central place within Nigeria’s justice delivery system. She said that the pressures on conventional litigation, manifested in delays, procedural complexities, and cost implications, had necessitated a complimentary system that is flexible, expeditious, and outcome-oriented.
She reminded the inductees that they were entering into a covenant of professional responsibility, adding that they are “expected to demonstrate integrity in all dispute resolution process; uphold neutrality, fairness, and confidentiality; promote ADR as a viable and effective alternative to litigation; contribute to knowledge development and professional discourse; and serve as an ambassador of peaceful conflict resolution within your respective sectors.”
“Your conduct will not only reflect on you, individually, but will also shape the credibility of the Institute and the broader ADR community,” Justice Ogunwumiju said.
Also, in her keynote address, Hon. Justice Abimbola Osaruegue Obaseki-Adejumo noted that Nigeria stands at a critical point where the demands of a modern economy must be matched by modern approaches to resolving disputes. She called for a mind shift from “whether ADR has a role to play in any sector, to whether we are ready to fully embrace it?”
“The future of dispute resolution in Nigeria is not choosing between courts and ADR, it is in integrating both, intelligently and effectively. And that future begins with us”, Justice Obaseki-Adejumo said.
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She noted that disputes do not have to destroy relationships but, instead, through mediation and negotiation, they can strengthen them.
“Consider a commercial dispute between two Nigerian companies. In litigation, the outcome is often binary: one party wins, the other loses. But, in ADR, there is room for creative solutions: revised contracts, future partnerships, structured settlements. This is particularly important in Nigeria, where long-term relationships and trust are the backbone of business success.
“If litigation represents the tradition of justice, then ADR represents its transformation. If it can be settled, settle it; if not, litigate fast”, she affirmed.
Registrar of the institute, Mrs. Chinyere Onuorah, also a lawyer, shed light on why the institute was established.
“The main concept of iADRNigeria stems from the fact that we are living in an era of conflicts in Nigeria, and it has polarised us a lot. This institute is trying, as much as possible, to exploit every instrument in conflict resolution to see if we can live in peace and love one another. So what are the laws governing this ADR? And if there are no laws, what were those things that bound us together traditionally that made us live together in harmony in the past?
“We are also trying to take it way past the legal field by bringing in other professionals. For instance, the winner of the award in the Fellowship category is an engineer. So we’re trying to de-legalise the institute. We don’t want to make it an all lawyers affair. That’s why we have clerics, accountants, librarians, public administrators and so on. Conflict management and authentic dispute resolution is very key in any commercial, contractual, or family life. The idea has been embraced by Nigerians of all walks of life”.
Mrs Onuorah dismissed fears about possible conflicts between lawyers and other professionals involved in ADR practice.
“There’s no conflict at all. There’s nothing that says that an arbitrator or a mediator must be a lawyer. For instance, if there’s a dispute that has to do with construction, the best person to use as an arbitrator is a structural engineer, an architect, or a quantity surveyor, depending on the nature of the dispute. That way, things are resolved and everybody moves on.
“There are some matters that the court believes should be treated by the ADR. So, the ADR is complementary to the courts. It’s not a threat to the judiciary. And the more the ADR platforms, the merrier. Instead of little matters going the whole way from the Court to the Court of Appeal, and then to the Supreme Court, what happens is that you settle it and commercial transactions continue. So ADR is complementary to the courts”.
Some of the inductees also shared their experiences and excitement. Mr. Paul Abhulimen, a lawyer, who was inducted as a Fellow of the institute said: “Being a Fellow of the iADRNigeria is something I had been looking forward to. Obviously, dispute resolution is going the way of ADR (alternative dispute resolution). That’s why institutes such as this are good for society. I’m happy to be here. When you train as a lawyer, you train with litigation as your main focus. But the institute of arbitration has gone beyond mere litigation; we’ve learned about arbitration, mediation, negotiation, and the likes. Of course, this is an improvement, an enhancement of the earlier training. I recommend the institute to my colleagues in the legal profession. I also invite non-lawyers to come on board the institute. Another inducted Fellow, Solape Osisanya, an accountant, also spoke on what motivated her to join the institute.
“First and foremost, I’m proudly Nigerian. Although I’m an accountant, the mere fact that the institute carries the name Nigeria inspired me to join.
“The institute is doing something differently by integrating our customary and traditional alternative dispute resolution (ADR) lessons into their curriculum. By joining the institute, I want to be an agent of peace and reconciliation. Our courtrooms are congested. No matter what it takes to resolve disputes and conflicts, what matters is the fact that at the end of the day, peace reigns”.
On the relationship between her job as an accountant and dispute resolution, Mrs. Ososanya said: “Yes, there’s a relationship because more often than not, even in the workplace, you find people having issues. There are conflicts everywhere because it’s part and parcel of human existence. So, I recommend other professionals to join the institute so that they, too, can be agents of dispute resolution.
I commend the Nigerian Bar Association (NBA) for rising up to the challenge and seeing the need for compulsory continuous education for lawyers and legal practitioners which, I believe, is worth doing. That way, lawyers get themselves updated.
“I enjoin more professionals, other than lawyers, to come on board. Already, we have engineers in the institute because they are people that write contracts; and, you know, when you have an agreement, there could be some disagreements. So, coming on board and participating in our training programme will also equip you with the best way to practice your profession.”
