Alternative Dispute Resolution an an Affirmative Action Strategy for Timely Resolution of Disputes, Post Covid-19 in Nigeria

Abstract

The covid-19 pandemic has disrupted access to justice; resulting in upsurge of disputes due to the inability of parties to perform contractual obligations. The locked courts have also generated a backlog of cases. Measures adopted, such as remote hearings of cases and scheduled physical court sittings have been limited to urgent and time bound matters. How long would litigants be expected to wait to have their disputes resolved in a court of law? Is litigation the best way to resolve covid-19 related commercial and contractual disputes considering our overburdened courts? This paper adopts the doctrinal methodology in examining the questions whether Alternative Dispute Resolution (ADR) can strategically address the backlog of cases generated by covid-19 lockdown. It examines the imperative for affirmative action requiring litigants to adopt ADR for the resolution of their disputes. It reviews the approach of a public-private initiative - Covid-19 ADR Initiative (CADRI) - which advocates for ADR intervention in Nigeria and Africa. The outcome of the study will contribute to the reform of administration of justice policy and access to justice during and post emergencies in Nigeria.