THE Attorney-General of the Federation and Minister of Justice, Mr Mohammed Bello Adoke, has recommended simultaneous developments of the Alternative Dispute Resolution (ADR) and the conventional legal systems for the resolution of disputes in Nigeria. 

The minister said proper use of ADR would enhance speedy delivery of justice in Nigeria.

Adoke spoke yesterday in Ilorin, the Kwara State capital, at the 7th Justice James Adesiyun Memorial Public Lecture.

The minister said the ADR is not alien to African judicial system.

According to him, the system is less expensive and quicker in contrast to the conventional litigation style. 

The Director-General of the Nigeria Institute of Advanced Legal Studies, Prof Epiphany Azinge (SAN), represented the minister.

He distinguished between disputes that could be resolved via the ADR and those that could only be resolved by the conventional practice.

The minister noted that instances in which the ADR could not be used include: where definitive interpretation of the law is required; where constitutional interpretation is needed for purposes of public policy; where interests of non-parties to the dispute must be protected; and where government entities must be held accountable. 

He added: "Cases involving gross disparity in bargaining power, such as cases involving spouse or child abuse, are also not appropriate for ADR. 

"Arbitration is commonly classified as a kind of ADR process. Just like court proceedings, the decision made in arbitral proceedings are binding. However, arbitral proceedings are not open to the public, making it particularly suited for commercial disputes, especially where confidentiality is important to the parties involved."

"Resolving disputes through arbitration instead of going to court can also save time and money for the parties involved, as arbitral proceedings tend to be faster and more cost efficient. Arbitration helps to reduce the work load of the judges. When compared to litigation, it is cheaper, quicker, flexible; informal; private and confidential and also preserves the relationship of the disputants."

He expressed appreciation to former Justice Minister, Chief Bayo Ojo (SAN), for establishing an International Arbitration Centre in Abuja to promote ADR.

The minister urged lawyers and other professionals to acquire training in conflict management, negotiation, mediation and other ADR processes, saying the Multi-Door Courthouses would rely on trained and skilled professional mediators.