training manual on alternative dispute resolution and - Unicef

126 Pages·2007·0.29 MB·English

ADR_cover page.qxd 16/10/2007 11:43 Page 1
Vienna International Centre, PO Box 500, A 1400 Vienna, Austria
Tel: +(43) (1) 26060-0, Fax: +(43) (1) 26060-5866, www.unodc.org
TRAINING MANUAL ON
ALTERNATIVE DISPUTE
RESOLUTION AND
RESTORATIVE JUSTICE
Printed in Nigeria Sponsored by
October 2007 the European
Commission
United Nations
Office on Drugs and Crime

Training Manual
on Alternative Dispute Resolution
and Restorative Justice

October 2007
The views expressed in the present publication are those of the authors and do not
necessarily reflect the views of the United Nations Secretariat.

The designations employed and the presentation of the material in this publication do not
imply the expression of any opinion whatsoever on the part of the Secretariat of the
United Nations concerning the legal status of any country, territory, city or area or of its
authorities, or concerning the delimitation of its frontiers or boundaries.

This publication has been made possible thanks to a contribution by the European
Commission.

This publication has not been formally edited.

Image on cover page designed by Ms. Nancy Cao, UNODC
2
Contents

FOREWORD ----------------------------------------------------------------------------------------------------------5
ACKNOWLEDGEMENT-------------------------------------------------------------------------------------------7
OVERVIEW OF WORKSHOP ------------------------------------------------------------------------------------9
OVERVIEW AND CONTEXT FOR ADR------------------------------------------------------------------------13
ADR UNDER NIGERIAN LAW ------------------------------------------------------------------------------------23
APPROACHES TO NEGOTIATION: LINKS BETWEEN NEGOTIATION AND MEDIATION--65
INTRODUCTION TO MEDIATION-------------------------------------------------------------------------------75
MEDIATOR SKILLS--------------------------------------------------------------------------------------------------79
ADVANCED MEDIATION SKILLS-------------------------------------------------------------------------------86
WHY RESTORATIVE JUSTICE?---------------------------------------------------------------------------------97
OVERVIEW OF THE CONCEPTS AND MODELS-----------------------------------------------------------97
DESIGNING AN ADR AND RJ SYSTEM IN NIGERIA-----------------------------------------------------112
EVALUATING THE JUDICIARY FOR ADR AND RJ ------------------------------------------------------119

3
4
Foreword

Alternative Dispute Resolution and Restorative Justice have been introduced in many
jurisdictions in Nigeria over the past decades with a view to dealing more effectively and
efficiently with growing caseloads and to improve citizens’ access to the Justice System.
While the possibilities for Restorative Justice under our laws and procedures remain
limited, many States have introduced systems for Alternative Dispute Resolution with
considerable success.

It is in the light of the above that the National Judicial Institute in collaboration with the
United Nations Office on Drugs and Crime and with the financial support of the European
Commission developed a training course on Alternative Dispute Resolution and
Restorative Justice. A large number of Judicial Officers have already benefited from such
training and the response has been extremely positive. We, therefore, feel encouraged to
further expand this programme, and hope to help build the skills required to improve the
services we deliver to our citizens and those who come to our country to invest and
participate in our economy.

Hon. Justice Timothy A. Oyeyipo, OFR
Administrator of the National Judicial Institute

5
6
Acknowledgement

Our warm thanks go to Prof. Darren Kew, University of Massachusetts and Mr.
Kevin Nwosu, Nigerian Law School, Kano, authors of this manual, as well as to
Prof. Anthony Wanis-St. John, American University for providing support
materials. We would also like to express our gratitude to the many who provided
thoughtful comments on successive drafts and those who contributed to the
development of this manual, in particular, Ms. Phoebe Ayua, Ms. Julcit Daudu,
Ms. Hadiza Saeed and Mr. Gilbert Tor, all staff of the National Judicial Institute
(NJI) as well as Ms. Ugonna Ezekwem, Ms. Queen Kanu and Mr. Oliver Stolpe,
all staff of the United Nations Office on Drugs and Crime (UNODC).

Special thanks also go to Ms. Nancy Cao and Ms. Jouhaida Hanano from UNODC
for their contribution to the design and layout of this manual.

7
8
Overview of Workshop

• Introduction and application of Alternative Dispute Resolution and
Restorative Justice concepts

– Introduction to the concepts
– Comparative perspectives
– Application and relevance to Nigerian legal context
– Design and practice considerations

• Two and a half day workshop, ten sessions, lunch speakers,
substantive presentations, facilitated discussions, reading and
reference materials

9