Alternative Dispute Resolution (ADR): A Useful Mechanism in The Settlement of Environmental Disputes in Nigeria

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Date

2019

Journal Title

Journal ISSN

Volume Title

Publisher

Department of Jurisprudence and International Law Journal University of Ilorin

Abstract

Alternative dispute resolution has widely been accepted as one of the ways to conflict resolution. Ordinarily, disputes whether environmental or otherwise are resolved through court processes, but due to delays, costs, publicity and technicality associated with litigation, alternative dispute resolution (ADR) mechanisms evolved. This paper presents a detailed review of Alternative dispute resolution as a non-judicial mechanism for the settlement of environmental disputes. It further posits that Alternative dispute resolution is a more effective mechanism, that is why it adopts a descriptive and pragmatic approach that as damaging conflict can be it carries the possibility of producing creative cooperation in a win–win solution. It further examines the various principle of ADR’s, based on interests and needs of the parties, the use of proper communication, and maintenance of a working relationship as an essential component for reaching a durable agreement. The writer outlines a range of strategies and approaches to ADR’s, and the ethical problems that may arise in the course of its application. The paper concludes and recommends that environmental ADR is beneficial and should be adopted as it provides a structured dispute settlement system that secures the citizens’ rights and mutual benefits even without going through traditional legal proceedings

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Keywords

Alternative dispute Resolution, Environment, Settlement, Non-judicial

Citation

Journal of Jurisprudence and International law, University of Ilorin Vol 2

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