COMPARATIVE ANALYSIS OF ALTERNATIVE DISPUTE RESOLUTION (ADR) UNDER COMMON LAW AND ISLAMIC LAW: CASE STUDY OF NORTHERN NIGERIA
Disputes and conflicts among individuals are as old as life
itself. It is obvious that conflict naturally befalls our day to
day activities. Hence, conflict is an inescapable component
of human interactions and transactions. In Northern
Nigeria apart from the court(s) there were other forms or
traditional way of resolving dispute even before 1960. In
trying to suppress and resolve conflicts among individuals,
people resort to court by way of litigation. However, in
Northern Nigeria problems associated with litigation such
as: destruction or total crumbling of existing relationships;
anxiety due to anticipation of negative outcomes in
litigation; lack of confidentiality; etc necessitate the parties
or potential litigants to opt for . Alternative Dispute
Resolution refers to ways of addressing and settling
disputes outside court. which is an Islamic term has
been very popular in Northern Nigeria being an agreement
or settlement to end a dispute, whether initiated by the
parties, the court or a third party. The aim of writing this
paper is to compare the two concepts, i.e.; ADR under the
common law and the concept of under Islamic Law.
This paper found that Alternative Dispute Resolution and
promote resolution of disputes outside court and
encourage the maintenance of cordial relationships in the
societies. Finally, this paper recommended that there
should be more and persisting trainings, seminars and
workshops for the judges, lawyers, ADR centers, religious
and traditional Institutions. The paper further..
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