Exploring the Implementation of ADR in the Nigeria Construction Industry
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Date
2017
Journal Title
Journal ISSN
Volume Title
Publisher
College of Law, Novena University, Delta State, Nigeria
Abstract
The Nigerian Construction Industry is one of the pivotal sector that sustain the Nigeria Economy outside oil and gas. The construction sector is highly hazardous and a dispute prone industry. The use of Alternative dispute resolution (ADR) technique panacea to address the ever increasing challenges and problems of the construction sector have gained considerable acceptability in Nigeria. All tiers of government have after some reluctant now embrace ADR as a fundamental tool in recent years. The Nigeria government and key sectors contributors have accepted inclusion of ADR methods as an integral part of dispute resolution procedure in the standard form of contract for use in government and private projects.
Several reasons currently accounted for low utilization of ADR in the Nigeria construction industry. These include lack of experience and knowledge. This paper examine the legal cum policy framework and implores the conceptual process and prerequisite of a successful ADR process. The study reveals that the nature of dispute dictates the type of mechanism to employ. A dispute may become complex if appropriate mechanism is not employed. Therefore, ADR has a lot to offer in streamlining the dispute resolution mechanism use for construction dispute resolution in nigeria. The major part of the study is dedicated to propose reform in administration of justice in construction dispute in Nigeria. meanwhile the UK an Malaysia models of ADR for construction dispute resolution are closely studied with a view to proposing practical reform for dispute resolve in nigeria.
Description
Keywords
Alternative Dispute Resolution, Nigeria Construction Industry, Implementaion
Citation
Novena University Law Journal, 2, 146-159,