Department of Private and Business Law

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Browsing Department of Private and Business Law by Author "Usman, Adams"

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    ALTERNATIVE DISPUTE RESOLUTION AS A MECHANISM FOR THE ENHANCEMENT OF ECONOMIC DEVELOPMENT
    (DEPARTMENT OF LAW FACULTY OF LAW NASARAWA STATE UNIVERSITY KEFFI, 2018-08-12) Usman, Adams
    This work is focus on the ADR as a dispute resolution mechanism for the enhancement of Economic Development. The Study examined the importance of ADR as a dispute Resolution Mechanism for the enhancement of economic development. The study obseiwed that the conventional way of settling commercial dispute which is through the courts, tend to retard and frustrate economic development through commercial activities as a result of unnecessaiy delays in resolving disputes that arose in the course of transactions. The study obseiwed that other ways or options of resolving disputes out of the courts make commercial activities faster and develop and contribute to the economy of a nation than the other way round. The study went further to look at litigation as a way of resolving dispute vis avis ADR. The advantages and disadvantages. The study went further to look at various ADR methods employed in resolving disputes between the parties and the protection of or otherwise of such methods. It also identified recognitions given to the ADR by the statute, the courts to make it binding and enforceable. The objective of the study is to bring out the merit of ADR as a dispute Resolution Mechanism for the enhancement of economic development and indicating that it is the best options or methods in resolving commercial disputes. For the research methodology, this is mainly an assessment of ADR as a dispute resolution mechanism for the enhancement of economic development. It is therefore descriptive. Data is therefore collected from statutory provisions, existing law reports. Based on the findings of this study we recommend that protection should be given to ADR by enabling legislation that would guide the peoples in such ADR methods. That the parties should be able to enforce their agreement without stress or technicalities. The courts should be more proactive in the enforcement of such agreements. Lawyers should be given the opportunities to be trained as arbitrators, mediators or conciliators. This will enhance speedy resolution of commercial disputes and paving way for economic development. The parliament in India introduced the Legal Service Authority Act and Arbitration and conciliation Act. The need of Alternative means because amicable settlement of disputes, speedy justice, economic settlement, time saving management, legal recognition. The matrimonial issues are directly effect on individual and life. xiii