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Arbitration, International Mediation, and the Widening of the Alternative Dispute Resolution Space: Bloated Expectations or a Matter of Time

Received: 26 May 2022    Accepted: 14 June 2022    Published: 9 January 2023
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Abstract

It is undisputable that dispute does arise from almost every transaction in people’s lives. Consequently, court procedures –litigation- have been developed over the years to ensure there is fairness and justice in resolving disputes arising from such transactions. Well recognized and praised at first, however, litigation got to be extremely difficult as it could not protect parties’ privacy and ensure confidentiality. Moreover, it became incredibly expensive, consumes time and could not provide for a win-win resolution of disputes among other challenges. Thus, ADR became the hope of a common man and last resort for dispute settlement. Although, it remains unclear if Alternative Dispute Resolution (ADR) is as age long as litigation. Nevertheless, ADR could be said to have been resorted to in order to mitigate, water-down and limit the hardship caused by litigation. Today, the globe is at the sojourn oscillating between the relevance of ADR over litigation and vice versa. Hence, a prerequisite to understand whether expanding the space of Alternative Dispute Resolution are bloated expectations or a matter of time. In this paper, arbitration and international mediation will be discussed starting from their historical background and importance. Also, this paper will further examine whether widening the space of Arbitration, International Mediation and ADR in general are bloated expectations or a matter of time.

Published in International Journal of Law and Society (Volume 6, Issue 1)
DOI 10.11648/j.ijls.20230601.14
Page(s) 23-30
Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.

Copyright

Copyright © The Author(s), 2024. Published by Science Publishing Group

Keywords

Arbitration, Mediation, International Mediation, Alternative Dispute Resolution (ADR), Dispute Resolution Mechanisms, Bloated Expectations, Matter of Time

References
[1] United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration of 1985.
[2] The Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958.
[3] Arbitration and Conciliation Act 1988.
[4] Ariori v. Elemo (1983) 1 SCNLR 1.
[5] Nwana v. Federal Capital Development Authority (2007) NGSC 93.
[6] Cornell Law School, “Alternative Dispute Resolution” available at https://www.law.cornell.edu/wex/alternative_dispute_resolution accessed 24th October 2021.
[7] Louis Kaplow & Steven Shavell, “Alternative Dispute Resolution” available at https://www.sciencedirect.com/topics/economics-econometrics-and-finance/alternative-dispute-resolution accessed 24th October 2021.
[8] Arbitration Resolution Services, “8 Reasons to choose ADR over Litigation to resolve your Dispute” available at https://www.arbresolutions.com/8-reasons-choose-adr-litigation-resolve-dispute/ accessed 24th October 2021.
[9] Carrie Menkel-Meadow, “The History and Development of ‘A’ DR (alternative/appropriate dispute resolution)” Volkerrechtsblog doi: 10.17176/20180220-230945.
[10] Net Lawman, “Alternative Dispute Resolution: Better than going to Court” available at https://www.netlawman.co.uk/ia/alternative-dispute-resolution accessed 24th October 2021.
[11] Nidirect Government Services, “Alternatives to going to Court” available at https://www.nidirect.gov.uk/articles/alternatives-going-court accessed 24th October 2021.
[12] World Intellectual Property Organization, “ADR Advantages” available at https://www.wipo.int/amc/en/center/advantages.html accessed 24th October 2021Sarah-Jane Tchakerian, “Criticisms of Alternative Dispute Resolution Mechanisms” available at https://mlrstudentprojects.squarespace.com/blog/2020/10/23/criticism-of-the-alternative-dispute-resolution-mechanisms accessed 24th October 2021.
[13] MEM, “What is Arbitration” available at https://www.mediate.com/articles/vinther-history.cfm accessed 25th October 2021.
[14] Daniel Centner & Megan Ford, “A Brief History of Arbitration” available at https://www.americanbar.org/groups/tort_trial_insurance_practice/publications/the_brief/2018-19/summer/a-brief-history-arbitration/ accessed 25th October 2021.
[15] Stewarts, “Arbitration Process” available at https://www.stewartslaw.com/expertise/international-arbitration/arbitration-process/ accessed 25th October 2021.
[16] Rechtsstandort Hamburg, “Arbitration” available at https://www.dispute-resolution-hamburg.com/information/arbitration accessed 25th October 2021.
[17] White and Case, “2021 International Arbitration Survey: Adapting Arbitration to a Changing World” available at https://www.whitecase.com/publications/insight/2021-international-arbitration-survey/current-choices-future-adaptations accessed 25th October 2021.
[18] Jose Maria Alonso, “The Globalization of International Arbitration” available at https://globalarbitrationnews.com/the-globalization-of-international-arbitration/ accessed 25th October 2021.
[19] International Chambers of Commerce, “Mediation” available at https://iccwbo.org/dispute-resolution-services/mediation/ accessed 25th October 2021.
[20] PSPC, “Definition and Characteristics of Mediation” available at https://www.tpsgc-pwgsc.gc.ca/biens-property/sngp-npms/bi-rp/conn-know/reclam-claims/definition-eng.html accessed 25th October 2021.
[21] Niharika Shukla, “Mediator and Mediation Characteristics” available at https://viamediationcentre.org/readnews/NjQx/LIMITATIONS-OF-ALTERNATIVE-DISPUTE-RESOLUTION accessed 25th October 2021.
[22] Vukovic S, “International Mediation as a Distinct Form of Conflict Management” International Journal of Conflict Management, (2014) 25 (1), 61-80.
[23] Molly Merlin, “Mediation in International Conflicts” Oxford Biblographies DOI: 10.1093/OBO/9780199743292-0214.
[24] Ole Elgstrom & Carl Skau, “Regional Organizations and International Mediation” available https://www.accord.org.za/ajcr-issues/regional-organisations-and-international-mediation/ accessed 26th October 2021.
[25] Sriram Panchu, “Mediation in the Age of Covid-19” available at https://www.thehindu.com/opinion/lead/mediation-in-the-age-covid-19/article31863358.ece accessed 26th October 2021.
[26] Nadja Alexander, “International Mediation: Next Practice” available at https://whoswholegal.com/features/international-mediation-next-practice accessed 26th October 2021.
[27] Singapore Mediation Centre, “Singapore Infrastructure Dispute Management” available at https://www.mediation.com.sg/our-services/overview-of-services/singapore-infrastructure-dispute-management-protocol/ accessed 26th October 2021.
[28] Wolters Kluwer, “What’s Happening in International Mediation in 2021” available at http://mediationblog.kluwerarbitration.com/2021/03/17/whats-happening-in-international-mediation-in-2021/ accessed 26th October 2021.
[29] Eric K, Yamamoto, “ADR: Where have the Critics Gone?” (1996) vol. 36 pg. 1056-1067.
[30] Brad Spangler, “What is Alternative Dispute Resolution” available at https://www.beyondintractability.org/essay/med_intractable_conflict accessed 27th October 2021.
[31] Mahanakorn Partners Group, “Alternative Dispute Resolution Mechanisms: Arbitration and Mediation” available at https://mahanakornpartners.com/alternative-dispute-resolution-mechanisms-arbitration-and-mediation/ accessed 27th October 2021.
[32] Sam Ventola, “The Problems with Dispute Resolution: Part I- litigation” available at https://ventolamediation.com/2018/10/18/problems-dispute-resolution-part-i-litigation/ accessed 27th October 2021.
[33] Emilia Onyema & Monalisa ofure, “How Alternative Dispute Resolution made a comeback in Nigeria’s Court” available at https://www.africaresearchinstitute.org/newsite/publications/counterpoints/alternative-dispute-resolution-made-comeback-nigerias-courts/ accessed 28th October 2021.
[34] Ravneet Arora, “The Pros and Cons of Litigation” available at https://pacificadvisors.ca/the-pros-and-cons-of-litigation/ accessed 28th October 2021.
[35] Todd B. Carver & Albert A. Vondra, “Alternative Dispute Resolution: Why it doesn’t work and Why it does” available at https://www.google.com/amp/s/hbr.org/amp/1994/05/alternative-dispute-resolution-why-it-doesnt-work-and-why-it-does accessed 28th October 2021.
[36] Ernest Uwaize, “Alternative Dispute Resolution in Africa: Preventing Conflict and Enhancing Stability” available at https://africacenter.org/publication/alternative-dispute-resolution-in-africa-preventing-conflict-and-enhancing-stability/ accessed 29th October 2021.
[37] China Ministry of Justice, “Guidelines for Public Legal Services for Epidemic Prevention and Control and the Resumption of Work and Production of Enterprises” available at http://www.moj.gov.cn/government_public/content/2020-03/03/tzwj_3243112.html accessed 29th October 2021.
[38] Niryani Bhavsar, “Impact of Covid-19 on Alternative Dispute Resolution” available at https://www.google.com/amp/s/www.iralr.in/amp/impact-of-covid-19-on-alternate-dispute-resolution accessed 29th October 2021.
[39] Baker Mckenzie, “The Future of Dispute Resolution” available at https://www.google.com/amp/s/iclg.com/cdr/expert-views/13274-the-future-of-dispute-resolution/amp accessed 29th October 2021S.O Oluruntimehin, “What next…Online Dispute Resolution? The Role of Technology” available at https://www.sooloruntimehin.com/what-next-online-dispute-resolution-the-role-of-technology/ accessed 29th October 2021.
[40] Shanhong Liu, “Blockchain – Statistics & Facts” available at https://www.statista.com/topics/5122/blockchain/#topicHeader__wrapper accessed 30th October 2021.
[41] Chinwe Stella, “Scope of Matters settled under ADR: Episode 3 of EVA” available at https://blogs.brighton.ac.uk/chinwe/2020/11/15/scope-of-matters-settled-under-adr-episode-three-3-of-eva/ accessed 30th October 2021.
[42] Olusola Jegede & Winifred Idiaru, “Nigeria: Overview of Alternative Dispute Resolution Process in Nigeria” available at https://www.mondaq.com/nigeria/arbitration-dispute-resolution/1036840/overview-of-alternative-dispute-resolution-process-in-nigeria accessed 31st October 2021.
[43] Mekhla Chakraborty, “Applicability of ADR in Resolving Criminal Matters -A Want or a Need” available at https://viamediationcentre.org/readnews/MTc4/Applicability-of-ADR-in-resolving-criminal-matters-a-want-or-a-need accessed 1st November 2021.
[44] Sarah-Jane Tchakerian, “Criticisms of Alternative Dispute Resolution Mechanisms” available at https://mlrstudentprojects.squarespace.com/blog/2020/10/23/criticism-of-the-alternative-dispute-resolution-mechanisms accessed 24th October 2021.
[45] NYU CIC, “The Mediator promoting Justice for all in Nigerian Courts” available at https://medium.com/sdg16plus/the-mediators-promoting-justice-for-all-in-nigerian-courts-106b4a02f796 accessed 04 November 2021.
[46] S. O Oluruntimehin, “What next…Online Dispute Resolution? The Role of Technology” available at https://www.sooloruntimehin.com/what-next-online-dispute-resolution-the-role-of-technology/ accessed 29th October 2021.
Cite This Article
  • APA Style

    Abdul Pelumi Ganiyu. (2023). Arbitration, International Mediation, and the Widening of the Alternative Dispute Resolution Space: Bloated Expectations or a Matter of Time. International Journal of Law and Society, 6(1), 23-30. https://doi.org/10.11648/j.ijls.20230601.14

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    ACS Style

    Abdul Pelumi Ganiyu. Arbitration, International Mediation, and the Widening of the Alternative Dispute Resolution Space: Bloated Expectations or a Matter of Time. Int. J. Law Soc. 2023, 6(1), 23-30. doi: 10.11648/j.ijls.20230601.14

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    AMA Style

    Abdul Pelumi Ganiyu. Arbitration, International Mediation, and the Widening of the Alternative Dispute Resolution Space: Bloated Expectations or a Matter of Time. Int J Law Soc. 2023;6(1):23-30. doi: 10.11648/j.ijls.20230601.14

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  • @article{10.11648/j.ijls.20230601.14,
      author = {Abdul Pelumi Ganiyu},
      title = {Arbitration, International Mediation, and the Widening of the Alternative Dispute Resolution Space: Bloated Expectations or a Matter of Time},
      journal = {International Journal of Law and Society},
      volume = {6},
      number = {1},
      pages = {23-30},
      doi = {10.11648/j.ijls.20230601.14},
      url = {https://doi.org/10.11648/j.ijls.20230601.14},
      eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20230601.14},
      abstract = {It is undisputable that dispute does arise from almost every transaction in people’s lives. Consequently, court procedures –litigation- have been developed over the years to ensure there is fairness and justice in resolving disputes arising from such transactions. Well recognized and praised at first, however, litigation got to be extremely difficult as it could not protect parties’ privacy and ensure confidentiality. Moreover, it became incredibly expensive, consumes time and could not provide for a win-win resolution of disputes among other challenges. Thus, ADR became the hope of a common man and last resort for dispute settlement. Although, it remains unclear if Alternative Dispute Resolution (ADR) is as age long as litigation. Nevertheless, ADR could be said to have been resorted to in order to mitigate, water-down and limit the hardship caused by litigation. Today, the globe is at the sojourn oscillating between the relevance of ADR over litigation and vice versa. Hence, a prerequisite to understand whether expanding the space of Alternative Dispute Resolution are bloated expectations or a matter of time. In this paper, arbitration and international mediation will be discussed starting from their historical background and importance. Also, this paper will further examine whether widening the space of Arbitration, International Mediation and ADR in general are bloated expectations or a matter of time.},
     year = {2023}
    }
    

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    N1  - https://doi.org/10.11648/j.ijls.20230601.14
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    T2  - International Journal of Law and Society
    JF  - International Journal of Law and Society
    JO  - International Journal of Law and Society
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    AB  - It is undisputable that dispute does arise from almost every transaction in people’s lives. Consequently, court procedures –litigation- have been developed over the years to ensure there is fairness and justice in resolving disputes arising from such transactions. Well recognized and praised at first, however, litigation got to be extremely difficult as it could not protect parties’ privacy and ensure confidentiality. Moreover, it became incredibly expensive, consumes time and could not provide for a win-win resolution of disputes among other challenges. Thus, ADR became the hope of a common man and last resort for dispute settlement. Although, it remains unclear if Alternative Dispute Resolution (ADR) is as age long as litigation. Nevertheless, ADR could be said to have been resorted to in order to mitigate, water-down and limit the hardship caused by litigation. Today, the globe is at the sojourn oscillating between the relevance of ADR over litigation and vice versa. Hence, a prerequisite to understand whether expanding the space of Alternative Dispute Resolution are bloated expectations or a matter of time. In this paper, arbitration and international mediation will be discussed starting from their historical background and importance. Also, this paper will further examine whether widening the space of Arbitration, International Mediation and ADR in general are bloated expectations or a matter of time.
    VL  - 6
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Author Information
  • Department of Public Law, University of Ilorin, Ilorin, Nigeria

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