Mediation practice in Nigeria: experiences from Abuja and Ondo with lessons from Ontario, Canada

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Date
2025-04-15
Authors
AYITA, Oluwafisayo
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Abstract

This thesis examines mediation practices in Nigeria: its development, challenges and success, precisely within the judicial precinct of Abuja and Ondo, while drawing lessons from Ontario, Canada. The research explores extensively, the evolution of dispute resolution mechanisms in Nigeria, from traditional methods to the formal integration of mediation within the judicial system. Comparatively, the study analyses the legal frameworks, institutional structures, and operational challenges of court-connected mediation in Nigeria, particularly in Abuja and Ondo State.

The research provides a detailed overview of mediation's development in Nigeria, including the establishment of Multi-Door Courthouses and Alternative Dispute Resolution Centers. It examines the effectiveness of these institutions in resolving disputes and improving access to justice. The thesis also traverses the recent enactment of the Nigerian National Mediation Act (Arbitration and Mediation Act 2023) and its potential impact on mediation practices across the country.

In contrast, the study investigates Canada's mediation landscape, with a specific focus on Ontario's Mandatory Mediation Program (OMMP). It traces the evolution of mediation in Canada, highlighting the push for national legislation and the development of guidelines by the Alternative Dispute Resolution Institute of Canada (ADRIC). The research offers insights into the structure, implementation, and outcomes of the OMMP, offering useful lessons for Nigeria's evolving mediation system.

The thesis employs a comparative analysis to identify best practices and potential areas for improvement in Nigeria's mediation framework. It addresses key challenges facing mediation in Nigeria, such as inadequate funding rising from absence of Judicial autonomy, reluctance among legal practitioners to embrace ADR because of paucity of research in mediation and ADR, this poor knowledge results in low referral rates from judges and magistrates. Hence, the findings emphasize the pivotal role of judicial autonomy, adequate funding and comprehensive legal education in advancing effective court-connected mediation and ADR. By drawing on Canada's experiences, particularly the success of the OMMP, the study proposes recommendations for enhancing Nigeria's mediation practices.

This research contributes to the growing body of knowledge on alternative dispute resolution in Nigeria and offers practical insights for policymakers, legal practitioners, and stakeholders involved in the administration of justice. The findings and recommendations aim to improve the efficiency and effectiveness of mediation as a tool for dispute resolution within the Nigerian legal system.

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Mediation, Access to Justice
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