EXAMINATION OF THE ROLE OF NIGERIAN COURTS IN ADR PROCESS

In recent years, the use of ADR has expanded in Nigeria. The courts have embraced ADR as a form of case management and to that end, parties are actively encouraged by the courts to explore mediation and other forms of ADR. The objective is not only to decongest the dockets, but also to avoid the worry, time and cost associated with litigation thereby, providing more access to justice for citizens. Generally, courts are not required to interfere in any ADR process; However, it would appear that an ADR process cannot be completed without some input by the courts. Using content analysis of Nigerian statutes, case law, and other relevant literature, this paper examines the interplay between the Court System and ADR System in the administration of justice. In considering this link, the paper finds that ADR has the capacity to improve the system by increasing access to justice. The paper also finds that both the Court and ADR systems are mutually reinforcing, and beyond that, the courts play a key role in ensuring the success of the ADR process. It is concluded that though it is desirable for arbitration to be completely independent of the courts, it nevertheless requires the support of the courts that have the compelling force, backed up by state powers to meet the objectives of the alternative process at any stage-whether before, during or after the ADR process.