In essence, a mediator in the Peace and Conflict Resolution Unit of the NSCDC, while mediating in a dispute, is not duty bound to keep details of the dispute confidential by any written law or regulation. The importance of maintaining the confidentiality of information disclosed during mediation cannot be overemphasised, and it is imperative that the NSCDC puts in place uniform guidelines/regulations across the country that will regulate its mediating responsibilities.
Permit me to refer this distinguished audience to the provision for confidentiality under Section 76 of the Arbitration & Mediation Act 2023, which provides thus:
“Unless otherwise agreed to by parties, all information relating to the mediation proceedings shall be kept confidential, except where disclosure is required- under the law; for the purposes of implementation or enforcement of a settlement agreement; necessary in the interests of preventing or revealing- (i) the commission of a crime (including an attempt or conspiracy to commit a crime), (ii) concealment of a crime, (iii) a threat to a party; or d) necessary to protect public order, but only under the conditions and in the scope prescribed law.”
Stages of mediation
The stages of mediation usually utilised by a neutral third party, called a mediator in settling disputes between willing parties are: Mediator’s opening statement and ground rules; disputants’ opening statements; Joint discussion as well as, private caucuses; Joint negotiation and settlement agreement or final breakdown.
Reforms and policy considerations- repositioning the NSCDC for effective service delivery
To reposition the NSCDC for effective and efficient service delivery in the course of rendering mediation services to disputing but willing parties, find below, most humbly, some reforms and policies that can be implemented:
Creation of a well-defined Legal Framework that supports Mediation:
For mediation to be effective, there must be a well-defined legal framework that supports its use. The NSCDC should as a matter of urgency, advocate for the development of a legal framework, including legislation that supports the use of mediation as an ADR tool and provides guidelines/regulations for its implementation. I must reiterate the fact that running through the labyrinth of the NSCDC Act, it is expedient to state that the Act did not mention ADR, under which mediation falls as a means of resolving disputes. Section 3 (1) (u) (vi) of the Nigeria Security & Civil Defence Corps Amendment Act 2007, empowers the NSCDC to: “arrange and mediate in the settlement of disputes among willing members of the public. In fact, the word ‘mediate’ appears only once and was not defined in the interpretation section.
The NSCDC Act did not provide clear definitions or guidelines for the scope of mediation services that the Peace and Conflict Resolution Unit of the NSCDC has the ‘jurisdiction’ to render. In essence, it is important for the National Assembly to, as a matter of urgency, amend the NSCDC Act, which will include the clarification of NSCDC’s role in mediation, including the types of disputes the NSCDC can mediate upon and the procedures which must be adhered to. You cannot put something on nothing and expect it to stand.
Also, the NSCDC’s role in dispute resolution is not clearly defined within the broader Nigerian justice system, as it appears the NSCDC encroaches into some disputes only the conventional courts have jurisdiction to handle.
Introduction of specialized mediation:
There is a need for the NSCDC to offer specialised mediation in a select few listed civil cases and not to dabble into all civil related cases. To my mind, mediation specialisation in outlined/designated civil cases, will lead to greater efficiency and effectiveness of the Peace and Conflict Resolution Unit of the NSCDC. In this wise, there is a need for the amendment of the NSCDC Act to define the types of civil cases the mediation unit (Peace and Conflict Resolution Unit) of the NSCDC can handle. The NSCDC cannot operate an unlimited jurisdiction by handling all variants of civil matters. It is tantamount to being a jack of all trades, but master of none.
Introduction of ethical regulations/codes to guarantee neutrality, impartiality and confidentiality of mediators in the peace and conflict resolution unit of the NSCDC:
There is an urgent need to introduce written ethical regulations qua codes to guarantee the neutrality, impartiality, and confidentiality of mediators in the Peace and Conflict Resolution Unit of the NSCDC. As it stands, a mediator in the Peace and Resolution Unit of the NSCDC, while mediating in a dispute, is not duty bound to keep details of any dispute confidential by any written law or regulation. The importance of maintaining the confidentiality of information disclosed during mediation cannot be overemphasised, and it is vital that the NSCDC puts in place uniform guidelines/regulations across the country that will regulate its mediating responsibilities.
Introduction of quality assurance benchmarks/standards:
There is a pertinent need to put in place an effective mechanism to ensure and monitor the quality, consistency, and standards of the delivery of NSCDC mediation services. Reform could entail establishing standards for the delivery of mediation services, including the use of evidence-based practices and periodic professional training for NSCDC officers involved in mediation.
Introduction of cutting-edge technology:
There is a need for the NSCDC to adopt cutting edge technology to be able to offer effective mediation services to disputants. Any mediator who wishes to thrive efficaciously in the dispute management space must embrace new information technologies and empower him or herself to utilise the latest cutting-edge technological tools.
In this wise, for the mediators in the Peace and Conflict Resolution Unit of the Corps to maintain a competitive edge in the dispute management sphere, it is inevitable for the NSCDC to take advantage of emerging technologies and integrate modern innovations to boost efficiency and productivity. Most humbly, I would also like to implore the NSCDC to also consider online mediation with respect to certain minor cases, which do not necessarily require the physical presence of the disputing parties.
Community engagement
It is expedient for the NSCDC to put in place robust mechanisms for engaging with communities and stakeholders in conflict resolution processes.
Collaboration with Other Stakeholders: The NSCDC should endeavour to collaborate with other stakeholders periodically and continuously, such as traditional leaders, government agencies/parastatals, community-based organisations, and, to provide a multi-faceted approach to mediation. This could include joint mediation sessions, referrals, and support services for parties involved in disputes etc.
The implementation of the reforms and suggested policies highlighted above will greatly assist in repositioning the NSCDC for effective and efficient service delivery, in relation to mediation related disputes. I sincerely hope within the next six months, the suggested reforms/policies articulated by my humble self will have been implemented. Before I leave this rostrum, permit me to refer this distinguished audience to the quote of Theodore Levitt, a German-born American economist and a professor at the Harvard Business School (of blessed memory), who quipped thus:
“Ideas are useless unless used. The proof of their value is in their implementation. Until then, they are in limbo.”
Concluded.
Oladinni is the Senior Legal Adviser to the Attorney-General and Commissioner for Justice, Osun State. He delivered this paper at a seminar for senior officers of the NSCDC, Osun State Command recently.
