CHALLENGES OF ENFORCING MEDIATION SETTLEMENT AGREEMENT IN NIGERIA UNDER THE ARBITRATION AND MEDIATION ACT 2023

Abstract

Mediation as a tool for resolving disputes peacefully has been used in Nigeria from time immemorial. In ancient times it was often an alternative to wars and battles. The mechanism provided an opportunity for face saving even among the egocentric and prevented wars. In modern times mediation remains a useful mechanism in dispute resolution. This work aims at appraising the challenges of enforcing the mediation settlement agreement under the Arbitration and Mediation Act 2023. The objective of the work is to assess the grounds for challenging its enforcement under the Act. In achieving this, the writers adopted the doctrinal research methodology which involved the use of library-based materials and internet materials. The work found that a mediated settlement agreement is binding and enforceable, but several elements can result in the mediated settlement agreement being set aside such as- the incapacity of a party, void or inoperative terms of settlement under the law, non-binding or non-finality terms of settlement and non-disclosure of facts that bring doubts to the impartiality or independence of the mediator etc. It is recommended that careful and comprehensive drafting incorporating all the intended commercial terms is critical to ensure that mediated settlement agreements are complete and enforceable.