RETHINKING CONCILIATION AND MEDIATION AS TOOLS FOR DISPUTE RESOLUTION IN NIGERIA

Abstract

This study conceptualized disputes as an integral part of human existence which could arise as a result of differences in opinions, political ideologies, land matters, bad governance, ethnic nationalism, family issues, economic or religious reasons among others. In resolving these disputes, parties often resort to some form of dispute resolution mechanisms, the most popular being litigation. However, in civil disputes, parties have the option of exploring non - conventional, peaceful and alternative method of settling disputes and resolving conflicts by agreement, whether directly or with the help of a third party mediator or conciliator and in the process save time and get a hold of justice. This paper examines the nature of Alternative Dispute Resolution (ADR) mechanisms, particularly Mediation and Conciliation, what the law provides, and how the proceedings of both mechanisms are conducted as means of resolving disputes among belligerents. It establishes that Mediation and Conciliation are often times mistaken for one another and are sparsely used; particularly in Nigeria and therefore recommends a holistic approach to the institutionalization of ADR as a viable means of resolving disputes amongst feuding parties and that governments should encourage its embrace by creating, like courts’ system, formal institutions for its application.