A Justice of the Supreme Court, Helen Moronkeji Ogunwumiju, and a Justice of the Court of Appeal, Abimbola Obaseki-Adejumo, have called for the wider adoption of Alternative Dispute Resolution (ADR) mechanisms to enhance access to justice, reduce court congestion and improve Nigeria’s business environment.

They gave the charge, at the weekend, during the induction ceremony of fellows, members and associates of the Institute of Alternative Dispute Resolution Development and Conflict Management of Nigeria (iADRNIGERIA) held in Lagos.

Specifically, Ogunwumiju said that delays, procedural complexities and high cost of litigation had made ADR an essential complement to the court system because of its flexibility, speed and outcome-oriented nature.

Ogunwumiju, while citing the Supreme Court’s decision in Rivers State AG v Bayelsa State AG, said the apex court emphasised the need for dispute resolution mechanisms that preserve relationships, particularly in matters involving public interest.

She further referenced Mekwunye v. Emirates Airlines, where the court reaffirmed the binding nature of consensual dispute resolution processes and held parties accountable to mechanisms they had voluntarily adopted.

The jurist described ADR as more than a collection of dispute-settlement techniques, saying that it represents a philosophy that prioritises efficiency, collaboration and practical outcomes over prolonged confrontation.

According to her, while disputes are inevitable in any growing economy, the methods adopted in resolving them determine whether they become obstacles to progress or opportunities for growth.

She also noted that ADR had expanded the role of legal practitioners beyond courtroom advocacy to include problem-solving, negotiation and facilitating mutually beneficial outcomes.

Obaseki-Adejumo disclosed that the Court of Appeal handles about 20,000 cases yearly, while the Supreme Court receives more than 1,500 appeals each year but can hear only a fraction of them.

She said that the Appeal Court’s ADR programme, established under its 2014 Practice Directions, had helped to reduce the burden on the appellate system by encouraging settlements in suitable cases.

The mediation process, she explained, was conducted by trained justices, retired judges and accredited mediators at ADR centres in Abuja, Lagos and Port Harcourt, with a Kano centre nearing completion.

The Appeal Court justice revealed that in 2023, approximately 500 appeals had been resolved through the Court of Appeal ADR programme within an average period of months, compared to the three to seven years often required for a full appellate process.

The justice also highlighted the role of ADR within the National Industrial Court of Nigeria, where labour disputes are mandatorily referred to ADR processes at the initial stages of proceedings under the court’s ADR Centre and Rules.

According to her, employment disputes, wrongful termination claims, unpaid entitlements and trade disagreements are particularly suited to mediation because they are relationship-based and often require solutions beyond monetary compensation.

She, therefore, called for stronger regulation of emerging ADR institutions, improved professional certification standards, and clearer procedures for recognising and enforcing ADR outcomes through the courts.

The jurist also advocated a shift in public perception, urging Nigerians to stop viewing litigation as the default response to disputes.

Besides, she urged legal practitioners to embrace mediation and arbitration as core professional competencies and advise clients on achieving practical outcomes rather than pursuing lengthy legal battles.

She also encouraged business leaders to incorporate ADR clauses into commercial contracts and pursue dispute resolution strategies that prioritise continuity and long-term business interests.

In his address, President and Chairman of the Governing Council of iADRNIGERIA, Prof. Akinola Ibidapo-Obe, congratulated all the inductees, stating that the occasion marks another significant milestone in the journey of the Institute as they are formally admitted into the Institute.

Ibidapo-Obe, therefore, advised the new inductees to maintain the highest ethical standards.