Mediation In
Gwandu, Kebbi

State Laws

Kebbi State operates under the federal Arbitration and Conciliation Act Cap A18, Laws of the Federation of Nigeria 2004 which provides the legal framework for alternative dispute resolution nationwide including mediation, arbitration, and conciliation. The High Court Act LFN 2004 Section 18 and the Federal High Court Act Cap F12 2004 Section 17 empower courts to promote reconciliation and encourage amicable settlement of disputes. Kebbi State does not have a state-specific ADR law or formal multi-door courthouse. The state relies on the federal legal framework and traditional dispute resolution mechanisms.

Court-Mandated Programs

Kebbi State does not have a formal court annexed mediation programmeme or multi-door courthouse. However, judges of the Kebbi State High Court are empowered under federal law to promote reconciliation among parties and encourage amicable settlement of disputes. The National Judicial Policy adopted in 2013 mandates that judicial officers should encourage parties to explore ADR procedures where appropriate. While there is no structured court referred mediation system, judges may informally encourage parties to consider settlement options. The state has not established institutionalised ADR processes within its court system.

Licensing Requirements

The Institute of Chartered Mediators and Conciliators (ICMC) serves as Nigeria's leading professional body for mediator certification and accreditation. Mediators in Kebbi State can obtain certification through ICMC's training programmemes. The Mediation Training Institute (MTI) also offers professional mediation skills accreditation and certification courses. There is no state-specific mediator licensing regime, so mediators rely on national certification bodies. Lawyers and other professionals can serve as mediators after completing the required training from accredited institutions. The state does not maintain its own register of accredited mediators.

Local Court Systems

Kebbi State operates a hierarchical court system including the High Court of Kebbi State, Magistrate Courts, and Customary Courts. The state capital is Birnin Kebbi. The state does not have an integrated ADR centre like the multi-door courthouses in Lagos, Abuja, Akwa Ibom and some other states. Court rules allow judges to promote reconciliation and encourage amicable settlement. The state has a significant Islamic legal tradition alongside customary law in its court system. The state relies on traditional and community-based dispute resolution mechanisms to supplement the formal court system.

Legal Framework

Mediation in Nigeria follows the Arbitration and Mediation Act 2023 (AMA), which replaced the Arbitration and Conciliation Act 2004. The Act embraces mediation as a legitimate dispute resolution mechanism, defining it as 'the process where parties seek the assistance of a neutral third party or parties to help them in reaching a mutually agreeable resolution for their dispute arising from a contractual or legal relationship'. This definition encompasses mediation, conciliation, and other analogous mechanisms. The AMA's framework is largely influenced by the UNCITRAL Model Law on International Commercial Mediation 2018. The Act defines the scope of disputes amenable to mediation, outlines procedures for commencement of mediation, specifies the number of mediators required, delineates procedures at mediation, addresses mediator immunity and fees, and acknowledges the applicability of the Singapore Convention on Mediation 2018 for enforcing international settlement agreements. Section 87 provides for enforcement of international settlement agreements under the Singapore Convention. Section 83 outlines procedures for enforcing international mediated settlement agreements. Nigeria ratified the Singapore Convention on 27 November 2023, becoming the 13th State Party, with the Convention entering into force on 27 May 2024.

While Nigeria operates under this legal framework, The Olive Branch's remote mediators bypass local court backlogs by providing swift, confidential, and mutually agreed-upon resolutions online.

Court System

Courts actively promote and facilitate mediation through various mechanisms. The Lagos Multi-Door Courthouse (LMDC), established in 2002 as a public-private partnership between the High Court of Justice, Lagos State and the Negotiation and Conflict Management Group (NCMG), was the first court connected ADR centre in Africa. It was statutorily established in 2007. The LMDC provides three options for dispute resolution: early neutral evaluation, arbitration, and mediation. The main purpose was to serve as an avenue for promoting ADR in Lagos State and to support the judicial system through Alternative Dispute Resolution mechanisms. The Rules of Professional Conduct for Legal Practitioners 2007 mandates lawyers to inform clients about the option of ADR before or during litigation. Court-annexed mediation is available through multi-door court houses in various states including Lagos, Ogun, Oyo, Enugu, Bayelsa, Rivers, Abuja, Anambra, and Jigawa. Courts can refer cases to mediation and adjourn proceedings to allow mediation to occur.

Mediator Regulations

Mediator accreditation in Nigeria is provided through several professional bodies. The Mediation Training Institute (MTI) offers professional training in Mediation Skills Accreditation and Certification, Managing Communal Conflict, Family Mediation & Counselling, and Managing Workplace Conflict. The Nigerian Institute of Chartered Arbitrators (NICArb) has an IMI Certified Mediator Training Programme, aligning Nigerian mediation practice with international standards. The Institute of Chartered Mediators and Conciliators (ICMC) provides certification for mediators. MTI offers pro-bono services including mediation services for the indigent. Professional accreditation requires completion of certified training programmes. Continuing professional development is encouraged through advanced training programmes. The certification system ensures quality standards for mediators serving in court and private mediation contexts.

Cultural Approach

Nigeria has a strong tradition of consensual dispute resolution through pre-colonial African practices. Prior to colonization, African societies resolved disputes through four hierarchically related options: first, disputants tried to resolve disputes themselves (negotiation); if that failed, they sought assistance from kinsmen (mediation); if this also failed, the dispute was taken to the Headman of the defendant's neighbourhood (neutral evaluation); if this also failed, the matter was taken to the High Chief or King for a binding decision (arbitration). This hierarchical approach was practiced by the three predominant tribes in Nigeria: Yoruba, Igbo, and Hausa. The Tiv justice system aimed at amicable resolution of disputes and restoration of harmonious relationships. Traditional conflict resolution mechanisms continue to play a role in managing disputes. The cultural preference for harmony and community consensus supports mediation's collaborative nature. Modern mediation is a modernized version of practices that have always existed in Nigeria.

Typical Costs

Mediation costs in Nigeria vary by institution and case complexity. Court-annexed mediation through multi-door court houses like LMDC is generally low-cost as part of court proceedings. Private mediation through institutions like MTI and ICMC charges fees based on case complexity and mediator expertise. MTI offers pro-bono services for the indigent, including mediation services, counseling for battered women, recovery for rape victims, and support for internally displaced persons. Costs are typically shared between parties unless otherwise agreed. The cost savings compared to litigation are significant, with mediation typically resolving disputes more quickly. Professional mediation training programmes have structured fee schedules. The economic advantages of mediation include substantial savings in legal costs and time.