A NEW MEDIATION REGIME FOR MEDIATION PROVIDERS IN NIGERIA: AN OVERVIEW OF PART II OF THE ARBITRATION & CONCILIATION ACT, 2023

Abstract

The Arbitration & Mediation Act, 2023 replaces the repealed Arbitration and Conciliation Act, Cap, A18, Laws of the federation of Nigeria. Prior to this new Act, mediation though recognized as a form of alternative dispute resolution mechanism, was not statutory recognized like Arbitration and conciliation. Consequently, most literature on alternative dispute resolution mechanism focuses on arbitration with dearth of literature on Mediation. Confidentiality which is one of the core advantages of mediation also contributes to the dearth of reported cases in respect of same. This notwithstanding, the use of mediation is fast growing in most jurisdictions with private and public mediators positioned with adequate training to explore the process for a faster, efficient and successful resolution of disputes without recourse to litigation. This article is an overview of the provisions of Part B of the Act, discussing the new regime of mediation in Nigeria under a legal framework. Its relevance, notable provisions and importance to private and public mediation providers in Nigeria was also discussed. The article concluded that the Act though very new brought a paradigm shift in the scope and legal nature of mediation as a means of alternative dispute resolution. Mediation in Nigeria is now statutory and upgraded within global and best practices. Successful and effective implementation of Part B of the Act in practice as provided will significantly enhance the culture of mediation within our legal boundaries.