ALTERNATIVE DISPUTE RESOLUTION: AS A DEVICE FOR THE RESOLUTION OF COMMUNAL CONFLICT IN NIGERIA

Date

2019-04-14

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DEPARTMENT OF PUBLIC AND INTERNATIONAL LAW, FACULTY OF LAW, NASARAWA STATE UNIVERSITY, KEFFI

Abstract

Conflict is port and parcel of human relationship the procedure that is put in place to resolve such dispute is fundamental. In the course of this paper, the various mechanisms that are available in Alternative Dispute Resolution to resolving communal dispute shall be explored with approaches to customary law and customary Arbitration together with the historical evolution in Nigeria. This paper shall dwell further on legal frame work for Alternative Dispute resolution that include Arbitration and Conciliation Act; Arbitration and Conciliation Rules, UNCITRAL Model Law, UNCITRAL Rules and the challenges in Nigeria with the incorporation of reported cases of conflict in Nigeria. Many cases of conflict almost in the magnitude of organised terrorism, the use of military force and media reportage has not helped in managing such sensitive issues therefore, there is a need to explore the various mechanisms available in Alternative Dispute Resolution that fits into the arena to ensure a long lasting solution and that is what motivated the course of this paper. The Institutional frame work such as the Industrial Arbitration Panel, National Industrial Court, Lagos Multi-door courthouse, Abuja Multi-door court house have played a great roles in cuddling dispute among parties without suggesting litigation to be the final solution as it is mainly enacted to proffer Alternative Dispute Resolution to be an option for litigation therefore, it shall be discussed extensively in the course of this writing. Adequate recommendation, contribution and suggestion for further studies will be included to fine-tune the research.

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Citation

BEING A THESIS SUBMITTED TO THE POST GRADUATE SCHOOL, NASARAWA STATE UNIVERSITY, KEFFI, IN PARTIAL FULFILLMENT OF THE REQUIREMENT FOR THE AWARD OF MASTER OF LAWS (LLM) DEGREE