ALTERNATIVE DISPUTE RESOLUTION (ADR) AS PANACEA TO THE SHORTCOMINGS OF THE NIGERIAN LEGAL SYSTEM

OUTLINE

CHAPTER ONE (1): INTRODUCING ALTERNATIVE DISPUTE RESOLUTION (ADR)

1.1 – What is ADR? 1.2 – ADR Processes 1.3 – The Prospects of ADR

CHAPTER TWO (2): SHORTCOMINGS OF THE NIGERIAN LEGAL SYSTEM NECESSITATING ADR

2.1 – Delay in Justice Delivery in Nigeria 2.2 – General Factors Causing for Inefficiency

CHAPTER THREE (3): THE HISTORICAL DEVELOPMENT OF ADR

3.1 – Broad History of ADR 3.2 – ADR in Africa 3.3 – Integration of ADR into Nigeria’s Judicial System

CHAPTER FOUR (4): THE LAGOS MULTI-DOOR COURTHOUSE (LMDC)

4.1 – The Multi-Door Courthouse and the Court-Connection Concept 4.2 – A Short History 4.3 – The Case Process at the LMDC 4.4 – The ‘Doors’ of the LMDC 4.5 – The Question of Enforcement of ADR Agreements 4.6 – The LMDC Five Years On

CHAPTER FIVE (5): CONTEMPORARY TRENDS IN ADR WORLDWIDE

CHAPTER SIX (6): CONCLUSION: Proposals for the Development of ADR In Nigeria

ABSTRACT

Once upon a time it was that the Alternative Dispute Resolution (ADR) idea was seen as nothing more than a hobbyhorse for a few offbeat scholars. Today, the ADR movement has drawn wide attention. It has become a phenomenon incapable of being ignored. Nations the world over are increasingly experiencing an awakening to the possibilities of revamping and injecting life and efficiency into their judicial systems via ADR. In fact, during the past five years, there have been literally scored of books, articles, conferences, bulletins, newsletters and new course offerings on ADR.

Alternative Dispute Resolution (ADR) speaks of a range of methods of settling civil disputes amicably between parties without the need for having recourse to litigation or the traditional court system. These alternatives to traditional court litigation include mediation, negotiation, conciliation and arbitration as the major forms of dispute resolution. Some are carried out between the disputing parties, while others require thirdparty involvement.

The Nigerian legal system stands to benefit immensely from the increased patronage of ADR, especially where justice delivery is concerned. Countless countries the world over, are researching and implementing systems of ADR in a bid to make their legal systems more efficient.

This work seeks to present a comprehensive study of ADR and its methods and consider the prospects it bears for the Nigerian legal system with particular emphasis on its ‘Archilles’ Heel’ of lateness and delay in the delivery of justice. Also, the Lagos Multidoor Courthouse (LMDC) will be put in the spotlight as the pioneer of organised ADR in Nigeria and lastly, proposals will be made for advancing ADR in Nigeria based on its prospects for swift, cheaper and amicable settlement of civil disputes in light of contemporary trends of ADR administration worldwide.

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