AN EXAMINATION OF THE ALTERNATIVE DISPUTE RESOLUTION PRACTICES (ADR) OF THE FEDERAL HIGH COURT AND THE NATIONAL INDUSTRIAL COURT OF NIGERIA

Abstract

This paper was a study of the Dispute Resolution Centres as well as practice and procedures of the Federal High Court and the National Industrial Court of Nigeria. What was discernable was that the Federal High Court's processes allowed for a wider spectrum of ADR mechanisms to be employed in dispute resolution than the two-pronged approach of the National Industrial Court of Nigeria. Also, while the Federal High Court’s Dispute Resolution Centre had more autonomy to run its affairs, that of the National Industrial Court of Nigeria was tied more to the dictates and supervision of the head of that court in all major dealings. The method of research used was that of the doctrinal method. The aim of this paper recommended that the Federal High Court’s ADR Rules be amended so as to promote efficient justice system for the country in general and that the ADR process at the National Industrial Court of Nigeria be decentralized from the president of the Court to the presiding judges of each division. The paper also advocated that laws on mediation governed the whole country instead of the current position as seen in Nigeria where it was only applicable in some states that had enacted the laws on it. In addition, the Multi Door Court House should be replicated in all the states and same must be empowered to have enforceability status so that it can be effective. This would encourage disputing parties to explore the ADR mechanisms instead of the traditional method which had been litigation.