Aspects of an Arbitration Agreement

Introduction This entry looks at various aspects of the principles that govern the form, content and operation of arbitration agreements, primarily from the perspective of Nigerian law. Form of the Agreement The term arbitration agreement is generally used to refer to an agreement to refer future disputes to arbitration as distinct from a “submission agreement” to submit existing dispute to […]

Brief Observations on the Role of Counsel in Alternative Dispute Resolution

Introduction One of the great areas of uncertainty in the context of ADR, is the extent to which, and if so, the role that lawyers should play in the process. The reality is that there is no straightforward answer to settle the uncertainty.  The lawyer’s role will vary greatly depending on the nature of the dispute and the type of […]

Significance Of Preliminary Meeting In Arbitral Proceedings

The preliminary meeting is the first meeting the arbitrator will hold with the parties or their representatives. This meeting will normally be convened after the arbitrators have been appointed. A preliminary meeting is very significant in arbitral proceedings and the reasons are numerous. Some of these are: To introduce the arbitrators to the parties or their representatives. It helps both […]

The Difference Between Litigation, Arbitration, Mediation and Conciliation

Alternative dispute resolution processes such as arbitration, mediation and conciliation and have become increasingly popular because litigation is time consuming, expensive, unpredictable and emotionally draining. But before deciding on which way to resolve your disputes it is important that you know the difference between the different options available to you in alternative dispute resolution. Arbitration and Mediation Arbitration and mediation […]

The Negotiator As A Mediator

Mediation usually involves some form of important intervention by a neutral third party who cannot impose a settlement but assists the parties to secure one. A mediator becomes necessary when parties on their own cannot reach a negotiated settlement. It is important to know that the entire process of mediation has negotiation at the heart of it. The negotiator as […]

The Place of Negotiation in Alternative Dispute Resolution

Negotiation simply refers to the act of communicating with another for the purpose of reaching an understanding presumably beneficial to both parties. Negotiation is the consensual bargaining process in which the parties attempt to reach an agreement on a disputed or potentially disputed matter. Negotiation can be said to be the wheel upon which consensus building can be achieved. It […]