COMPARING MEDIATION PRACTICE IN NIGERIA WITH THOSE OF SOME SELECTED JURISDICTIONS: NEED FOR A NEW LEGAL REGIME FOR NIGERIA

Abstract

Mediation is a form of dispute resolution through which a third party assist parties in achieving an amicable settlement of their dispute. This form of dispute resolution is not only of a very ancient origin but also exists in perhaps, every culture and every country. The Arbitration and Mediation Act 2023 was designed to spur Mediation Practice in Nigeria. However, the Act failed to release fully its potential by not paying attention to other jurisdictions to see how their own Mediation Act fits in and cures the mischief in their locality as so doing would have engendered a national framework that is fit for purpose. Using the doctrinal method of inquiry with a comparative approach, this paper explores Mediation practice in the Singapore, South Africa, United Kingdom and Kenya jurisdictions. It finds extending the ambits of the Act outside commercial dispute is a desideratum. Specifically, the integration of Mediation practice into certain Criminal matters, Electoral causes, Matrimonial causes, and most importantly, Mediation conducted by traditional rulers and institutions as done in the jurisdictions compared in this work, is not only a response to Nigeria’s peculiar legal and cultural nuances but also a major leap in finding lasting solutions to the many ills plaguing the Nigeria justice system. The instant paper recommends a careful integration of the practice in these other jurisdictions as the only way to formulate a new national framework for mediation fit for purpose in Nigeria.