RESOLUTION OF ENVIRONMENTAL DISPUTES IN NIGERIA: THE ROLE OF ALTERNATIVE DISPUTE RESOLUTION MECHANISM

Abstract

Environmental degradations are the aftermath of human intrusion into nature. Disputes arise due to the impact of degradationsthat affect the ecosystem’s continuous functioning. Research has shown that most environmental conflicts are resolved throughlitigation with attendant drawbacks in achieving a resolution. Some drawbacks include legal technicalities, the time taken inlitigation, the victim’s inability to discharge the evidential burden revolving around the issue of expert witnesses and the badblood between the host community and the industries, etcetera. Due to these factors, victims of environmental pollution attimes go without remedy. This study aims to offer insights on the effectiveness of Alternative Disputes Resolution (ADR)mechanism in resolving environmental disputes. ADR mechanism is considered a more dynamic tool than traditional litigation.Thus, this paper argues that ADR mechanism, rather than litigation, is a more viable way for victims to obtain relief. Thisstudy found that the advantages of ADR outweighed traditional litigation, which is bedevilled with legal technicalities such aspre-action notice, locus standi, and limitation action, among others. The authors are of the view that environmental disputescould be better resolved amicably and faster using ADR mechanisms. They, therefore, canvass for the institutional frameworkand recognition of the Environmental ADR mechanism to resolve environmental disputes.