Rethinking Dispute Resolution Mechanisms in Nigeria-A Nigerian Perspective on Alternative Dispute Resolution Methods

Dispute resolution mechanisms play a vital role in ensuring access to justice and maintaining commercial relationships. Traditionally, litigation has been the dominant dispute resolution in Nigeria, however, alternative dispute resolution (ADR) has began to gain more prominence because of its various advantges over litigation. Given the concern over the delay, cost, and cumbersome nature of litigation, ADR arguably offers a more simple, more cost-effective, and less time-consuming method of dispute resolution. This article aims at examining the different methods of alternative dispute resolution (ADR) within the context of their viability over traditional litigation. The various ADR methods such as mediation, arbitration, conciliation, etc have many benefits over litigation yet, this paper questions whether ADR methods within the Nigerian landscape remains truly an alternative has become an independent and primary mode of dispute resolution. With the enactment of the Arbitration and Mediation Act 2023, the legal framework of ADR in Nigeria has been significantly strengthened, with the promotion of arbitration and mediation as the mainstream ADR methods. In Nigeria, the increasing popularity and reliance on ADR not only by businesses but also by courts and regulatory bodies reflects a shift from its "alternative" status towards a preferred dispute resolution method. This development aligns with global perspective and trends, where arbitration and mediation are no longer mere substitutes to litigation but are recognized and preferred as primary methods for the resolution of commercial and investment disputes. This paper will further examine the challenges and prospects associated with ADR. The paper argues that if properly harnessed ADR can serve as not only an Alternative but as an effective and primary dispute resolution method, The paper concludes by advocating for a paradigm shift in legal education, policy and judicial attitude towards AD, ensuring it is fully integrated into the Nigerian dispute resolution landscape.