An appraisal of the nexus and disparities between arbitration and Alternative Dispute Resolution (ADR)

Abstract

Peaceful resolution of disputes through ADR mechanisms now seems to be the emerging trend. Globally ADR had since been accepted as a viable and veritable means of resolving disputes. However, there have been various arguments and controversies on what constitute ADR and whether it includes Arbitration. In Nigeria for example when ADR is mentioned the general perception and understanding of an average person is reference to Arbitration. Thus, this paper adopts the narrative as well as the comparative analysis to interrogate some perspectives to espouse the nexus, disparities and ultimately determine whether Arbitration is part and parcel of ADR or not. The paper shows and found that both mechanisms are geared toward peaceful and harmonious settlement of disputes.

Keywords: Arbitration and ADR, Nexus and disparities, Mediation, Juridical nature of Arbitration and Nigeria