NEGOTIATION AS A MECHANISM OF ALTERNATIVE DISPUTE RESOLUTION IN NIGERIA

Abstract

This article explores the significance of negotiation as a central mechanism of alternative dispute resolution (ADR) within the Nigerian legal and social landscape. Negotiation, as the most basic and flexible ADR process, allows parties to resolve disputes directly through dialogue, compromise, and mutual understanding without resorting to litigation. In Nigeria, where the justice system is often burdened with congested dockets and prolonged delays, negotiation offers a practical and timely avenue for achieving settlements that are both cost-effective and less adversarial. The benefits of negotiation are far-reaching. It promotes peaceful coexistence by enabling disputing parties to preserve relationships while resolving conflicts. It also enhances access to justice by creating a space where individuals and communities can resolve disputes informally, without the financial and procedural barriers often associated with litigation. For businesses, negotiation provides a confidential and commercially sensible path to resolving disputes, minimizing reputational damage and sustaining long-term partnerships. Despite these advantages, negotiation in Nigeria is not without challenges. Cultural differences, power imbalances, lack of awareness, and sometimes inadequate legal support can limit its effectiveness. The article therefore examines the legal framework that recognizes and encourages negotiation in Nigeria, including its role within institutional ADR mechanisms and the court-connected multi-door courthouse system. Ultimately, the article emphasizes that negotiation remains an essential tool for strengthening Nigeria’s justice system. By adopting best practices—such as ensuring fairness, good faith participation, and trained facilitators—stakeholders can maximize the benefits of negotiation and promote a culture of peaceful, collaborative dispute resolution.