The impact of alternative dispute resolution in the course of justice (the nigeria perspective)

Thesis Overview

<p> </p><p><strong>&nbsp;INTRODUCTION</strong></p><p><strong>1.1 &nbsp; &nbsp; Background to the Study</strong></p><p>Justice is a value that individuals, groups and nations struggle to attain the highest of its level, since human justice is proportional, there is no absolute justice on the earth, but we can talk about humanitarian ideal justice.[1] The Impact of alternative dispute resolution in the course of justice especially in Nigeria becomes increasingly crucial to the adjudication of justice. Prior to introduction of alternative dispute resolution process known as the Multi-Door Court House in Nigeria, civil cases were unnecessarily delayed for years due to adjournments which sometimes degenerate to de novo. Most times, people doubt the value of delayed judgment that stayed for so long when some of the parties would have died. Justice delayed is said to be justice denied, therefore it becomes paramount to enable right owner obtain his right through nearest and easiest ways by giving everyone what he deserves through the use of alternative dispute resolution process. Investments and business disputes should not wait unnecessarily for years before it is resolved to enable efficient and meaningful resolution hence the important of Alternative Resolution in addressing conflicts with the urgency they deserve.</p><p>Emerging developments have indicated that litigation as a mechanism for dispute resolution is old fashioned, party unfriendly and incapable of coping with challenges of contemporary dispute resolutions. As posited by justice Akinsanya, the world is moving at a pace that demands our Justice System succumbing to change to be relevant in today’s global village because access to justice means more than access to the Court[2]<strong>. </strong>Also providing access justice means providing access and opportunity for a just and timely result.</p><p><strong>1.2 &nbsp; &nbsp; Statement of the Problem</strong></p><p>Human beings are unpredictable and human factor is deemed as drive and magnifier of factors providing its effectiveness. It then becomes obvious that justice which is deemed as means for creation of social realities could be achieved through the use of alternative dispute resolution mechanism.</p><p><strong>1.3 &nbsp; &nbsp; Research Questions</strong></p><p>The following research questions tend to address the objectives:</p><p>1. &nbsp; &nbsp; &nbsp; What relationship exists between Alternative Dispute Resolution mechanism and Justice?</p><p>2. &nbsp; &nbsp; &nbsp; Does Alternative Dispute Resolution have any impact?</p><p><strong>1.4 &nbsp; &nbsp; Aims and Objectives of the Study</strong></p><p>The main aim and objective of this study is to investigate the impact of alternative Dispute Resolution to the course of justice while the specific objective is:</p><p>i. &nbsp; &nbsp; &nbsp; To explore the correlation between two variables: Alternative Dispute resolution and Justice.</p><p>ii. &nbsp; &nbsp; &nbsp; Measure the relative impact of Alternative Dispute Resolution on justice.</p>THE IMPACT OF ALTERNATIVE DISPUTE RESOLUTION IN THE COURSE OF JUSTICE (THE NIGERIA PERSPECTIVE) <br><p></p>