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Home > Country profiles > Nigeria > Articles > Article detail






Commercial Litigation And ADR Mechanisms In Nigeria

Monday, 28th November 2017

"Litigation is the most common form of dispute resolution in Nigeria.  Its origin is entrenched in the English common law. Oftentimes, litigation is cumbersome because of ingrained culture of litigation which results in overflow of cases and delay in adjudication. This is bad for business and business relationships. The need for a more efficient dispute resolution process has contributed to the prominence of Alternative Dispute Resolution (ADR) mechanisms in recent years.

Nigerian courts through their rules now encourage litigants to resolve their disputes by adopting ADR mechanisms. The court may, with the cooperation and consent of the parties, refer the parties to ADR centers attached to the court system. If successful, the agreed terms of settlement is adopted as the consent judgment of the court. If unsuccessful, the matter is referred to court for adjudication. In adopting ADR processes, the parties may opt for informal tribunals which use informal mediation processes without possessing a formal structure or formal tribunals using formal mediation processes.

The most known and practiced ADR mechanisms in Nigeria are Arbitration, Mediation and Conciliation;"

Read in full:  


Web-link: http://www.mondaq.com/Nigeria/x/648944/Arbitration+Dispute+Resolution/Commercial...
Source: Fred-Young & Evans
Language: English
Contact: Emmanuel Ekpenyong and Oluwole Awe Esq.


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