AN EXAMINATION OF THE IMPACT OF ALTERNATIVE DISPUTE RESOLUTION IN IN NIGERIA

Abstract

This research work examines the impact of alternative dispute resolution in the course of justice from the Nigerian perspective. The work critically examines the extent to which concept of alternative dispute resolution address the cause of justice in Nigerian courts and the applicability of ADR in the settlement of criminal disputes in Nigeria. This research uses the doctrinal method in explaining the impact of alternative dispute resolution in the course of justice from the Nigerian perspective. Findings revealed that ADR were initially termed alternative by twentieth century legal typologists because they were seen as extra-legal supplements to state-sponsored dispute resolution. The concept of ADR is usually less formal, less expensive, and less time-consuming than a trial. This research recommends that it is suggested that the courts establish a mechanism where arbitral matters are only brought before them when necessary under Section 34 of the ACA. The research concludes that the term ADR in respect to criminal law encompasses a number of practices which are not considered part of traditional criminal justice and the criminal ADR procedures took birth from earlier �informal justice� program. These include: victim/offender mediation, family group conferencing, victim-offender panels, sentencing circles, plea bargaining, etc. It may also take the shape of cautioning and specialist courts, e.g. Indigenous Courts and Drug Courts. However, mediation has been said to be the most sought after form of ADR, where the issue of criminal justice is concerned.

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Resource ID

urn:uuid:48874801-34bd-4db6-b5aa-a3706e960622