GSP2206 (PCR)

PEACE STUDIES AND CONFLICT

RESOLUTION
 INTRODUCTION
• This module intends to look at conflict
resolution from the legal perspective.

• Conflicts, disputes, disagreements are bound to

happen in our social, family, and business
endeavors.

• The law has made provisions on how to settle

those disputes or conflicts when they occur.
 NATURE AND CHARACTERISTICS OF
CONFLICTS
• Conflicts come in many different forms and
mostly start with simple quarrels, arguments
and misunderstandings.
• Conflicts are constant and persistent in our
lives, as much as we live together we must
disagree.
• Ability to identify conflicts at the time they
brew helps in choosing the best process of
resolving them.
 DIFFERENT MODES OF RESOLVING
CONFLICTS
• The law devises different modes of resolving
conflicts as they occur and depending on the
nature of the conflicts in question.
• These modes are:
• a- Litigation
• b- Arbitration
• c- Conciliation
• d- negotiation
• e- mediation
 LITIGATION
• The Constitution of the Federal Republic of
Nigeria vests judicial powers to adjudicate and
settle dispute and resolve conflict in our
courts. See section 6 (6) (a-b) of the
Constitution.
• Litigation is a lawsuit or action brought before
a court of law seeking judicial intervention to
settle dispute or conflict between individuals.
 LITIGATION CONTINUE
• Litigation comprises the following:
• Filing of a case in court
• Appearance of parties before the court
• Hearing of the case
• Tendering of exhibits to the court
• Decision or judgment of the court
• Execution of Judgment/appeal
 ADVANTAGES OF LITIGATION
• Settles Disputes with finality
• It is always binding on parties
• It is formal and official
• Judge acts as unbiased umpire.
 DISADVANTAGES OF LITIGATION
• Delay/Slow/Time consuming
• Costly
• Competitive
• Too Technical
• Sometimes Promotes enmity
ALTERNATIVE DISPUTER RESOLUTION (ADR)
ARBITRATION
• Apart from litigation which is a court-based method of resolving
conflicts, other methods have been developed that are not court-
based.
• Arbitration:
• Arbitration is the act of submission of dispute to an arbitrator for
settlement. See section 1 of the Arbitration and Conciliation Act,
Cap A18 Laws of the Federation of Nigeria. See also Lagos State
Arbitration Law, 2009.
• Arbitration is recognized under our laws and international law as
one of the effective ways of resolving conflicts.
• Arbitration is normally resorted to by parties when there is clause
in the parties agreement or when the parties otherwise agree to
resort to it.
 APPOINTMENT AND REMOVAL OF
ARBITRATORS
• See section 7 (2) of the Arbitration and
Conciliation Act. Arbitrators are appointed
either by the:
• Parties
• Arbitrators
• Institution
• court
 REMOVAL OF ARBITRATORS
• See section 10-12 of the Act. Arbitrators are removed
upon a number of reasons, such as:
• Voluntary withdrawal by an arbitrator
• Termination of arbitrators appointment by parties for
failure to discharge functions
• Termination of appointment for delays in discharging
arbitration functions
• Partiality
• Lack of possession of qualifications
• Physically and mentally incapable of discharging functions
 CONFLICTS/DISPUTES THAT CAN’T BE
SETTLED BY ARBITRATION
• The law identified two categories of cases in respect of
which disputes cannot be settled by arbitration.
• Criminal offence: where commission or omission of an act
falls under the categorization of criminal offence,
arbitration cannot be invoked to settle the conflict.
• Interpretation of the constitution: where the dispute or
conflict as the case maybe, relates to the interpretation of
the constitution of the federal republic of Nigeria,
arbitration cannot be resorted to. Powers for interpreting
the constitution is vested on the High Court. See sections
233 (1)(b) and 241 (1) (c).
 ARBITRAL AWARD
• An arbitrator or panel of arbitrators gives its
decision in the form of an award.
• An award must be in writing
• It must contain details of the disputes
between the parties and the reasons for the
decision. See section 26 of the Arbitration and
Conciliation Act
 ENFORCEMENT OF ARBITRATION AWARD
• An award is subject to enforcement order by a high court.
• A party in whose favor an award is made will apply for
enforcement or in the high court
• The application shall consist the following, see section 31
of the Act:
- The application shall be in writing
- The application shall be accompanied the original award
or certified copy of the original
- The application shall be accompanied by the original
arbitration agreement or certified copy
 CONCILIATION
• Section 37 of the Arbitration and Conciliation Act empowers parties to any agreement
from which disputes arisen to refer same for conciliation.
• Conciliations are mostly resorted to in employer/employee disputes; they are however
employed in some other types of disputes involving different class of people.
• Either of the parties can initiate the process of conciliation by requesting the other in
writing to participate. See section 38 (1) of the of the Arbitration and Conciliation Act.
• Parties are free to accept or reject the terms of settlement of their conciliation process.
See section 40 of the Act
• Where parties decided not to accept the terms of settlement proposed by the
conciliation body, the conciliators can recommend submission of the said dispute to
either court for litigation or to arbitration. See section 42 of the Act.
• The conciliation terms if accepted by the parties are binding on them and they can be
enforced in a court of law.
• The conciliators only assist parties and propose terms of settlement of the dispute
between parties.
 MEDIATION
• Mediation is a process in which an impartial third party
called mediator is invited to facilitate resolution of a
dispute by the self-determined agreement of the
disputants.
• Mediation is in most cases an unofficial and voluntary
process where somebody unconnected with either of the
parties helps them settle amicably their dispute.
• Mediator does not make decision for the parties.
• Mediator only facilitate the mediation process.
• Mediation process is voluntary and parties can abandon
participation at any stage.
 NEGOTIATION
• Negotiation is a discussion between two or more disputants who are
trying to work out a solution to their problem.
• Negotiations can occur at a personal level, as well as at a corporate or
international (diplomatic) level.
• Negotiations may also take place in both civil and criminal matters in
Nigeria.
• By the provision of section 76 of the Lagos state Administration of
Criminal Justice Law, a person accused of committing a crime can enter
into a plea bargain with the prosecution where negotiations maybe
opened by both parties for settlement of the matter.
• Plea bargain is of two types:
• Charge bargain, and
• Sentence bargain. See section 76 (1) of the Administration of Criminal
Justice Law of Lagos State.
 ADVANTAGES OF ADR
• Saves time
• Saves resources
• Results in win-win situation
• Participatory
• Private and Non formal.
• Non-technical
• Reduce the burden of court
 DISADVANTAGES OF ADR
• Limited remedies for wronged parties No
alternative or concurrent remedies
• Limited scope of decision
• Limited jurisdiction; limited to civil cases only
• Generally not binding on the parties.
 CONCLUSION
• Whatever method parties to a dispute or conflict,
amongst the various mechanisms illustrated, chose to
make use of in settling their conflicts, they have their
advantages and disadvantages. ADR mechanisms enjoy
some advantages when employed as conflict resolution
mechanisms over litigation. ADR methods are less
technical, less time consuming and also less expensive.
They equally enjoy some level of privacy compared to
litigation. Litigation on the other hand, is always settles
disputes between parties with finality and the judgment
is always binding on parties.