Vous êtes sur la page 1sur 27

NEGOTIATION

& DISPUTE
RESOLUTION
KEVIN N. NWOSU
Editor-in-Chief
OKEY UZOECHINA
Managing Editor
ANNUAL REVIEW 2014
NEGOTIATION
& DISPUTE
RESOLUTION
KEVIN N. NWOSU
Editor-in-Chief
OKEY UZOECHINA
Managing Editor
ANNUAL REVIEW 2014
Negotiation & Dispute Resolution Annual Review 2014
iii
NEGOTIATION & DISPUTE RESOLUTION
ANNUAL REVIEW 2014
Editor-in-Chief | KEVIN N. NWOSU
Managing Editor | OKEY UZOECHINA
Associate Editors | Chinonso U. Mmuozoba, Esq. | Ben Odoh
Nkeiru Chike-Eluchie | Bridgee Lolo | Chibuikem Opara
Editorial Advisory Board | Prof. Darren Kew | Prof. A. A. Olowu
Dr. Tahir Mamman | Jusce Roland I. Amaize (rtd.)
Dr. Fellina Nwadike | Nasiru Tijani, Esq. | Iniruo Wills, Esq.
A publicaon of
Dispute Resoluon Associates Ltd.
2014
Copyright 2014
Dispute Resoluon Associates Ltd.
This journal may be cited as: NDR/AR [2014]
All rights reserved. No part of this publicaon may be reproduced, altered, stored in a
retrieval system, shared, or transmied, in any form or by any means, electronic,
mechanical, photocopying, recording, or otherwise without the prior wrien
permission of the copyright holder.
Requests for permission to use or reproduce material from this publicaon should be
directed to Dispute Resoluon Associates Ltd. at the following email address:
kenslaw02@gmail.com
Cover Design and Page Layout: Samson Nnah, M.Sc IS, MS
Printed by: SVL, Abuja, Nigeria | contact@singlevisionlimited.com
ISSN: 2384-6054
Negotiation & Dispute Resolution Annual Review2014
iv
CONTENTS
EDITORIAL NOTE 9
Part I. Articles & Essays 11
1. Conict Analysis and Its Relevance to Dispute Resoluon 13
Fellina Nwadike
2. The Place of ADR in Jusce Delivery 27
Roli Daibo Harriman
3. Customary Arbitraon in the Context of the Formal
Jusce System: A Rapprochement 45
Akinola Ibidapo-Obe
4. Overview of Dispute Resoluon Mechanisms under Islamic Law 65
Ibrahim Barkindo
5. Introducon to Mediaon 75
Lisa Blomgren Bingham
6. Non-Pecuniary Remedies and Interim Measures of Protecon
in Arbitraon: A Comparave Perspecve 91
Edwin Obimma Ezike
7. Strategies and Techniques for Building Consensus in a
Democrac Society 115
Chantal Epie
8. Restorave Jusce and Mediaon: A New Approach to Criminal
Conict and Vicmizaon 133
Mark S. Umbreit
9. Plea Bargaining in Criminal Cases: A United States' Perspecve
Lawrence Azubuike 151
v
Negotiation & Dispute Resolution Annual Review 2014
10. Unlocking the Full Potenals of ADR in Criminal Jusce
Delivery: A Nigerian Perspecve 169
Tahir Mamman & Kevin N. Nwosu
11. Mainstreaming Negoaon and Dispute Resoluon
into Governance 189
Okey Uzoechina
Part II. Comments & Practice Notes 213
12. Prescribing ADR: Who Does What and How? 215
Okey Uzoechina
13. Mediaon Principles, Pracce and Procedure 229
Olajide Olagunju
14. Vicm-Oender Mediaon: Pracces and Implicaons 245
Mark S. Umbreit
15. The Role of Lawyers in Arbitraon Pracce 261
Oluwakemi Oduwole
16. Legal Praconers' Remuneraon in ADR 277
Kevin N. Nwosu
Part III. Appendices, Source Materials and Others 284
A. Negoaon and Dispute Resoluon Provisions in Nigerian
Legislaon, Rules and Raed Treaes 286
B. Best Pracces: Universal Models and Standards 319
C. Bibliography 325
D. Prole of Contributors 343
E. Guide to Contributors 353
F. About the Publishers 357
G. Dispute Resoluon Specialists: FAQs 361
H. Criminal Jusce Reform: The S.M.A. Belgore Model 365
vi
Negotiation & Dispute Resolution Annual Review2014
EDITORIAL NOTE
EDITORIAL NOTE
he goals of achieving ecient, cost-eecve and speedy dispensaon of jusce
Tthe rule of law, polical stability, public security, democrac governance and
social cohesion recently received a boost in the form of piecemeal but altogether
pervasive reforms in Nigeria's jusce delivery system. The instuonalizaon of
Alternave Dispute Resoluon (ADR), the recourse to Plea Bargain and promoon of
the ulity of Restorave Jusce constute the tripod on which the new improved
mul-track access to jusce and collaborave approaches to problem solving rests.
Hence, numerous legislaon, procedural laws and regulaons, rules of court, and
the Rules of Professional Conduct for Legal Praconers now complement
substanve reforms in achieving the goals.
The eect of the reforms and reorientaon from adversarial to collaborave
approaches to problem solving and decision making is felt not just by lawyers and
pares to a dispute, but across every sector of the society including business and
industry, public administraon, policy and democrac governance, polical
development, law enforcement and security, social development and community
development. Negoaon, dispute resoluon and conict management are
essenal skills that oil the wheels of democrac governance and glue the wider
society together. Sadly, the appreciaon of these skills as tools for social engineering
is very narrow in Nigeria. It therefore becomes necessary to set negoaon, dispute
resoluon and conict management in a broad perspecve, highlighng entry points
for collaborave problem-solving processes in our body of laws in Nigeria and, where
appropriate, drawing lessons from other jurisdicons and from best pracces.
In keeping with its mission of contribung to the expansion of access to jusce and
promoon of the rule of law, polical stability, public security, democrac
governance and social cohesion, Dispute Resoluon Associates Ltd., in collaboraon
with SETTLEMENT HOUSE, is publishing this maiden volume of Negoaon and
Dispute Resoluon Annual Review. In this edion, we have assembled a robust team
of scholars, experts and praconers. The volume is a bold aempt to
authoritavely dene the content and boundaries of this subject area and to explore
its place in our jusce system with a view to informing future development. Going
beyond the perimeters of its predecessor, the Negoaon and Dispute Resoluon
Journal published in 2004, the Annual Review is an eort to step up the momentum
in exploring and clarifying core and emerging issues in the area as a way to contribute
to the development and advancement of negoaon, dispute resoluon and conict
management body of knowledge in Nigeria.
9
Negotiation & Dispute Resolution Annual Review 2014
This 2014 volume of the Negoaon and Dispute Resoluon Annual Review is
divided into two main parts: Arcles & Essays (general principles and current issues)
and Comments & Pracce Notes (op-eds and guides on pracce and procedure). The
rst part Arcles & Essays opens with Conict Analysis and Its Relevance to Dispute
Resoluon to set the stage for discussions. Next, it explores The Place of ADR in
Jusce Delivery, aempts a rapprochement of customary arbitraon and the formal
jusce system, and gives an expos on dispute resoluon mechanisms under Islamic
law. It then touches on topical issues in mediaon, consensus building, restorave
jusce, plea bargaining, arbitraon, criminal jusce delivery. Part I concludes with a
thesis on Mainstreaming Negoaon and Dispute Resoluon into Governance.
Part II zooms in on roles of stakeholders in ADR, the role of lawyers in arbitraon,
pracce and procedure in mediaon including vicm-oender mediaon (in
criminal cases), and wraps up with a consideraon of Legal Praconers'
Remuneraon in ADR. Intended as a working and a learning tool, this volume
contains an important compilaon of Negoaon and Dispute Resoluon
Provisions in Nigerian Legislaon, Rules and Raed Treaes in its Appendices. This
add-on, which should be seen as an essenal app in the toolkit of every lawyer and
ADR praconer in Nigeria, drives home the point by cataloguing numerous
instances where the law prescribes the use of negoaon and dispute resoluon
processes. Looking towards the future of legislave and regulatory development in
ADR in Nigeria, a second appendix, Best Pracces: Universal Models and
Standards, is added.
The 2014 volume was nearly ve years in the making, from its concepon to
publicaon. The challenges oered a unique opportunity for the editorial team to
learn vital lessons. The editors hope to make Negoaon and Dispute Resoluon
Annual Review an annual menu by reducing the producon cycle for subsequent
volumes to nine months. Each volume of the Annual Review will be available in both
print and online formats: online to facilitate wide disseminaon and accessibility,
and print to aid scholarship and to reach those underserved by the internet culture.
While the editorial team has taken every step to ensure very high quality output, we
also welcome suggesons for improvement from the reading public. We will
conclude this note by placing on record, our immense gratude to our esteemed and
supporve contributors.
10
Kevin N. Nwosu

Abuja, January 2014
Negotiation & Dispute Resolution Annual Review2014
D. PROFILE OF CONTRIBUTORS
Lawrence Azubuike
Of the bars of New York and Nigeria, Aorney in New York, United States
Lawrence graduated from the University of Calabar in south-south Nigeria and
bagged a Master's degree in Law from the presgious University of Ife (now Obafemi
Awolowo University, Ife). He proceeded to further studies both at the University of
Georgia and Golden Gate University, San Francisco, where he was awarded a
Doctorate. Member of the bars of New York and Nigeria, Azubuike pracses law in
the state of New York. His publicaons include: Privazaon and Foreign
Investments in Nigeria (2007) and Internaonal Law Regime Against Piracy, Annual
Survey of Internaonal & Comparave Law, Volume 15 (2010). He presently serves
as Resident Electoral Commissioner in Enugu State, Nigeria for the Independent
Naonal Electoral Commission (INEC).
Ibrahim Barkindo
Legal praconer and Lecturer, Centre for Islamic Legal Studies, Ahmadu Bello
University, Zaria, Nigeria
Ibrahim is a disnguished Islamic scholar. He graduated from Bayero University Kano
in 1999 with a degree in Common and Islamic Law, and later obtained an LL.M in
Islamic Constuonal Law from the Ahmadu Bello University, Zaria in 2011. As
counsel in the law oces of Aliyu El-yakub and Co. in Kano between 2001 and 2006,
he was engaged in ligaon and corporate legal pracce. Since 2006, his vast
teaching experience at the Centre for Islamic Legal Studies has extended to: Islamic
Commercial Law, Islamic Banking, Islamic Legal Theory, Islamic Constuonal Law,
Nigerian Legal System, Nigerian Constuonal Law, Bar-Bench Relaonship and
Evidence.
Ibrahim organizes events for connuing legal educaon and training of judicial
ocers (Annual Judges' Conference). He teaches Sharia Court Judges, Sharia Court
Muis and other ocers of lower courts in basic, intermediate, and advanced
judicial courses. He is also Assistant Director of Research at Green Horizon (Law &
Development Consult) and has wrien many arcles and given talks on Islam Law
and Legal Theory. His interests include jusce sector reform and training of judicial
ocers, Islamic Law and Alternave Dispute Resoluon.
343
Negotiation & Dispute Resolution Annual Review 2014
Lisa Blomgren Bingham
Keller-Runden Professor of Public Service, School of Public and Environmental
Aairs, Indiana University, Bloomington, United States
A graduate of Smith College (A.B. 1976 magna cum laude with high honors) and the
University of Conneccut School of Law (J.D. 1979 with high honors), Lisa joined the
Indiana University faculty in 1989 aer pracsing labor and employment law as a
partner in the rm of Shipman & Goodwin. She is also a Vising Professor of Law at
the University of Nevada, Las Vegas Boyd School of Law. She has authored over
seventy arcles, monographs, and book chapters on dispute resoluon and
collaborave governance. Her recent publicaons include: Big Ideas in Collaborave
Public Management (2008) co-edited with Rosemary O'Leary, and The Next
Generaon of Administrave Law: Building the Legal Infrastructure for Collaborave
Governance (2010).
Lisa received the Associaon for Conict Resoluon's Abner Award in 2002 for
excellence in research; Secon of Environmental and Natural Resource
Administraon of the American Society of Public Administraon's Best Book Award
for The Promise and Performance of Environmental Conict Resoluon in 2005; and
the Rubin Theory-to-Pracce Award from the Internaonal Associaon for Conict
Management and Harvard Project on Negoaon for research that makes a
signicant impact on pracce in 2006. She is an elected fellow of the Naonal
Academy of Public Administraon. Her research has examined dispute systems
design and legal infrastructure for collaboraon, dispute resoluon, and public
parcipaon in governance.
Chantal Epie
Professor of Human Resources Management, Lagos Business School, Pan-Atlanc
University, Lagos, Nigeria
A French naonal residing in Nigeria, Chantal graduated in Law from the University of
Paris and obtained a Master's in Organisaonal Behaviour from the University of
London, and then a Doctorate in Business Administraon from Business School
Lausanne. She is also a cered MBTI praconer. A member of the Lagos Business
School faculty since 1993, Chantal currently heads the Academic Department of
Organisaonal Behaviour and Human Resource Management. She has over thirty
years experience as a management trainer. She teaches management
344
Negotiation & Dispute Resolution Annual Review 2014
communicaon, organisaonal behaviour and personal skills (negoaon, me
management, personal eecveness, speed reading) and has wrien over y cases
and technical notes.
Chantal is also a Vising Professor of Business Ethics and Management at the MDE
Business School, formerly known as Instut de Hautes EtudesAfrique (IHE),
Abidjan. Her past research covered negoaon, teamwork, and work stress. The
focus of her current research is work-family integraon and the organisaonal
benets of work-life balance. She is a Director of the Instute for Work and Family
Integraon, a non-prot iniave to promote work-family balance in Nigeria. Her
publicaons include: The Business Case for Family-Responsible Management: How
an organisaonal culture favourable to work-family integraon benets employers
and employees (2011) and Alternave Dispute Resoluon Skills: Understanding the
Problem Solving (Win-Win) Approach in Negoaons, in Kevin N. Nwosu (ed.), Legal
Pracce Skills and Ethics in Nigeria (2004).
Edwin Obimma Ezike
Reverend Father, Senior Lecturer, Department of Public and Private Law, Faculty of
Law, University of Nigeria Nsukka
Father Ezike is a Catholic Priest and a Solicitor and Advocate of the Supreme Court of
Nigeria. In pursuit of his call, he studied Philosophy and Divinity in Rome. Upon his
return to Nigeria, he obtained his law degree, masters and doctoral degrees from the
University of Nigeria. He was called to the Nigerian Bar in 1990 and joined the
academic sta of the Faculty of Law, University of Nigeria, Enugu Campus in 1991. He
was Acng Head of the Department of Public and Private Law from 2005 to 2008 and
he teaches Law of Contract and Law of Commercial Arbitraon.
In addion to his works in the elds of Law of Contract and Law of Commercial
Arbitraon, Father Ezike has set himself apart as a social and polical analyst and has
wrien on diverse topics including democracy, good governance and the rule of law,
public service and an-corrupon, as well as customary law arbitraon. Some of his
works include: The Travails of Democracy in Nigeria: 1960 to 2007, in Perspecves
on Democracy, Rule of Law and Globalisaon, (2010); Appraisal of Legislave and
Instuonal Development of An-Corrupon, Nigerian Journal of Public Law
(NJPL), Vol. 1 No. 1 (2008), pp. 145-160; Halng the Misconcepons Relang to
Customary Arbitraon Award in Nigeria, Internaonal Arbitraon Law Review, Vol.
345
Negotiation & Dispute Resolution Annual Review 2014
16 Issue 5, (2013); Developing a Statutory Framework for ADR in Nigeria, The
Nigerian Juridical Review, Vol. 10 (2011-2012). Father Ezike takes his teaching as a call
to service and has developed pracce-oriented and ICT-based teaching techniques
over me.
Roli Daibo Harriman
Judge of the High Court of Delta State, Nigeria
Hon. Jusce Harriman holds a Master's degree in Corporate and Commercial Law.
She has had vast experience in ligaon and as solicitor since 1984 when she was
called to the Nigerian Bar. She started her legal career with the law oces of late
Chief Gani Fawehinmi and has pracsed at all levels of courts in Nigeria. She was
appointed Notary Public in 2002. She was a lecturer in Legal Pracce Skills for many
years at the Nigerian Law School and has trained many lawyers and mediators.
Before her appointment as judge, Jusce Harriman was an acve member of the
Nigerian Bar Associaon and served for many years as the chairperson of the
Commiee on Connuing Legal Educaon.
Jusce Harriman is an accredited mediator to the Centre for Eecve Dispute
Resoluon, United Kingdom. She is also a cered trainer on Workplace Mediaon
by the Mediaon Training Instute, United States. She served on the panel of
neutrals of the Mul-door Courthouses annexed to the Abuja and Lagos High Courts,
and was also chair of the commiee on the replicaon of Mul-door Courthouses in
Nigeria. She has wrien several arcles on legal skills and mediaon parcularly on
the role of the legal praconer in ADR processes, the role of non-verbal
communicaon in mediaon, and praccal skills for eecve mediaon. She has also
conducted and organized series of training on mediaon and dispute resoluon.
Akinola Ibidapo-Obe
Associate Professor, Department of Public Law, University of Lagos, Nigeria
Akin obtained LL.B degree from the University of Lagos in 1977 and was called to the
Nigerian Bar in July 1978. He was awarded LL.M with disncon from the University
of Ife, now Obafemi Awolowo University (OAU) in 1980 and joined the Faculty of Law
of OAU as Lecturer II in 1989. He was promoted Senior Lecturer in 1996 and Associate
Professor from 1st October 1998. He has been Examinaon Ocer, Sub-Dean and
Acng Head of Department of Public Law. He was vising Professor of Law at
346
Negotiation & Dispute Resolution Annual Review 2014
Southern University, Baton Rouge, Louisiana, United States in 1993. He has also been
an Exchange Scholar to the University of Nongham, England.
As Dean of Law at the University of Ado-Eki (UNAD) in 2002, Akin established the
UNAD Pro-Bono Legal Services to render free legal services to indigents in Eki State.
He also instuted the UNAD Law Clinic & Street Law Project, a plaorm for clinical
legal educaon and community para-legal services by law students. Both projects
are the rst of such iniaves by any faculty in Nigeria. He has been a member of the
editorial boards of a number of journals. Akin teaches Human Rights, Criminology,
Sentencing, and Internaonal Criminal Law. He is a widely published scholar and his
publicaons include: The Bail Process and Human Rights in Nigerian (1992) and A
Synthesis of African Law (2005).
Tahir Mamman
Former Director General, Nigerian Law School, Bwari
Tahir became Director General of the Nigerian Law School in December 2005. Since
assuming duty as Director General, he has pursued vigorously curriculum
development aimed at bringing the school's curriculum in line with global standards.
His tenure has seen the expansion of the Nigerian Law School from four to six
campuses, establishing new campuses in Yenagoa, Bayelsa State and Yola, Adamawa
State. Tahir is also the Chief Operaons Ocer of the Council of Legal Educaon, a
body which oversees the Nigerian Law School and partly the LL.B programme in
Universies in Nigeria, and Governing Board Member, Internaonal Associaon of
Law Schools Programme.
A law graduate of Ahmadu Bello University, Zaria, Nigeria, Tahir obtained his
Master's Degree and later a Doctorate from University of Warwick in 1991. Before he
joined the Nigerian Law School, he was at various mes Acng Dean of Law,
substanve Dean of Students Aairs, and Head of Department of Common Law at
the University of Maiduguri. He was a Nuield Foundaon Fellow at the Instute of
Advanced Legal Studies, London. He holds a number of tradional tles in his
community (including Dan Ruwata, Adamawa) and was awarded a Naonal Honor as
347
Negotiation & Dispute Resolution Annual Review 2014
Ocer of Order of the Niger (OON) in 2012. His publicaons include: The Law and
Polics of Constuon Making in Nigeria 1900-1989: Issues, Interests and
Compromises (1991). He is also Chair, Editorial Board of the Economic Crimes Law
Report.
Fellina Nwadike
Fulbright Senior Specialist, United States and Ombudsman/Professor, Federal
University Otuoke, Nigeria
A graduate of Journalism from Norfolk State University, Virginia in 1979, Fellina
received a Master's degree from California State University in 1984 and a Doctorate
degree in Organizaonal Development and Leadership Educaon from University of
San Francisco in 1990. She also holds a cercate in Conict Management,
Resoluon and Peacebuilding from the School of Internaonal Training, Vermont. As
Associate Professor with Coppin State University, Balmore, she taught intercultural
communicaon and speech communicaon with emphasis on conict management,
resoluon, ethics and listening. She specializes in strategies and taccs for
encouraging construcve, problem-solving atudes and for strengthening
communicaon.
In her eort to take conict resoluon theories from the classroom to the world
stage, Fellina returned to Nigeria aer 30 years. She has been on several training
missions on ADR at Usmanu Danfodiyo University's Center for Peace Studies in
Sokoto, Covenant University, Lagos State, and Federal University, Otuoke. Her many
nd
publicaons include a book, Intercultural Communicaon and Diversity (2 ed.,
2008), a workbook, Speech Communicaon (2007) and a monologue, Conict
Resoluon and Pracce Methodologies. She contributed to the improvement of
African human rights, educaon, and sustainable communies as one of the
Maryland delegates to the Summit on Africa that craed the rst African and
American Policy (1999-2000).
Kevin N. Nwosu
Iniator, SETTLEMENT HOUSE and Former Director Academics, Nigerian Law
School, Bwari
Kevin graduated with rst class honours in the Bar Final examinaons at the Nigerian
Law School and holds an LL.M from the Centre for Energy, Petroleum and Mineral
348
Negotiation & Dispute Resolution Annual Review 2014
Law Policy, University of Dundee, Scotland. He holds several prizes and awards for
academic excellence and leadership, including the presgious Brish Chevening
Scholarship. He joined the faculty of the Nigerian Law School in 1992 with over 15
years teaching experience. He is a highly experienced and interesng teacher in
negoaon and dispute resoluon and takes teaching as a hobby. Kevin has also
edited a number of publicaons on dispute resoluon and ethics in the legal
profession including: Law and Pracce of the Legislature in Nigeria (2004) and Legal
Pracce Skills and Ethics in Nigeria (2004).
Kevin is Lead Consultant at Dispute Resoluon Associates, a law and dispute
resoluon rm based in Abuja, Nigeria, and iniator SETTLEMENT HOUSE, the rst
non-court-connected dispute resoluon centre in Nigeria. He has been facilitator
and resource person at several naonal and internaonal seminars and workshops
on ADR. Under the auspices of the Naonal Judicial Instute, he has been a facilitator
at Training on ADR and Restorave Jusce for judicial ocers and operaves of the
Economic and Financial Crimes Commission. Kevin also served as member of the
Commiee on Reform and Harmonisaon of ADR Laws in Nigeria and consultant to
United Naons Oce on Drugs and Crime on ADR and Jusce Sector Reform.
Oluwakemi Oduwole
Lecturer, Nigerian Law School, Bwari
'Kemi graduated from Ogun State University (now Olabisi Onabanjo University) Ago-
Iwoye, in 1996 and was called to the Nigerian Bar in 1997. She holds a Master's
degree in law from the University of Lagos and was awarded another Master of Laws
degree by the University of Toronto in 2012. She did her primary assignment during
the one year compulsory naonal service in Lagos with the reputable law chambers
of Bola Ajibola & Co. As a result of her air for acve legal pracce, she joined the law
oces of Ladi Ajose Adeogun & Co. unl 2000.
'Kemi started her lecturing career with the Nigerian Law School in 2003. She has
taught Legal Draing & Conveyancing, Company Law, and Professional Ethics at the
Abuja campus of the Law School. As a prolic writer, she has authored a good
number of learned arcles published in reputable journals in Nigeria and abroad. She
is a member of the Nigerian Bar Associaon, Internaonal Bar Associaon,
Associaon of Internaonal Law Teachers, Instute of Chartered Secretaries and
Administrators, Chartered Instute of Arbitraon (Nigeria) and the Nigerian Red
Cross Society.
349
Negotiation & Dispute Resolution Annual Review 2014
Olajide Olagunju
CEO, Corporate Mediators and Director, ADR Studies Programme, Salem
University, Nigeria
Olajide completed his doctoral studies at Brandeis University, Massachuses
including research in the Niger Delta focusing on emerging corporate conict
resoluon mechanisms. He also holds a Master of Arts in Coexistence and Conict
and another Master of Arts in Anthropology from the same university. Olajide was
pioneer Special Lecturer in ADR at the Nigerian Instute of Advanced Legal Studies
and the Nigerian Law School; Associate Lecturer, Peace Educaon, Obafemi
Awolowo University; Coordinator, Canadian Fund for Local Iniave Access to Jusce
Programme; and Assessor, Mul-Stakeholder Corporate-Community Conict
Management Impact for the Niger Delta. He has been President of Corporate
Mediators since July 2005.
Olajide has also served as an execuve in the Nigerian Bar Associaon; Member,
Nigerian Communicaons Commission Panel of Arbitrators; Member of Governing
Council, Instute of Chartered Mediators and Conciliators; United States
Government Internaonal Visitor in Prevenve Diplomacy and Conict Resoluon;
Harvard University Research Fellow in Conict Resoluon, Program on Negoaon,
2008; and Massachuses Instute of Technology (MIT) Mellon Research Scholar in
Internal Displacement. His publicaons include: From Relaonship to Relaonship:
The Seven Secrets of Eecve Conict Resoluon (2006) and an MIT working paper,
Management of Internal Displacement in Nigeria (2006).
Mark S. Umbreit
Professor and Founding Director, Center for Restorave Jusce and Peacemaking,
School of Social Work, University of Minnesota, United States
Mark graduated from Valparaiso University in 1971 where he studied Sociology
(major) and Psychology (minor). He received a Master's in Public Administraon
from Indiana University Northwest in 1978 and a Doctorate in Social Work from the
University of Minnesota in 1988 with an emphasis in criminal jusce and conict
resoluon. He joined the University of Minnesota, School of Social Work in 1990. He
also serves on the faculty of the Center for Spirituality and Healing in the Academic
Health Center of the University of Minnesota and was Vising Professor at
Marquee Law School, Milwaukee, Wisconsin. He acvely works on internaonal
peacemaking iniaves.
350
Negotiation & Dispute Resolution Annual Review 2014
Mark is an internaonally recognized praconer and scholar with more than forty
years of experience as a mediator, facilitator, trainer and researcher. His research,
engagement, lectures, and training have involved parcipants from more than 25
countries. As a praconer, he specializes in facilitang dialogue between family
survivors/ vicms of severe violence and the oender. He has authored several
books and more than 130 arcles, monographs, and book chapters on restorave
jusce, indigenous jusce and healing, human rights, reconciliaon, criminal and
juvenile jusce, peacemaking and social change. His recent works include: Vicm
Oender Mediaon: Conict Resoluon and Restuon (2012) and Restorave
Jusce Dialogue: An Essenal Guide for Research and Pracce, co-authored with
Marilyn Peterson Armour (2010).
Okey Uzoechina
Programme Manager, FOREWARN Iniave, based at ECOWAS Commission,
Abuja, Nigeria
A law graduate of the University of Nigeria Nsukka, Okey was called to the Nigerian
Bar in November 2005. He holds a Master's degree in Conict, Security and
Development from King's College London. He became Programme Ocer, Access to
Jusce at DCON Consulng (now Dispute Resoluon Associates) in 2007 and served
as training faculty, teaching dispute resoluon to students in the four campuses of
the Nigerian Law School and in other parts of Nigeria as part of a Professional
Foundaon Course. Since October 2008, he has worked in dierent capacies with
the Economic Community of West African States (ECOWAS) in Abuja, Nigeria,
including as Representave to ECOWAS for the Geneva Centre for the Democrac
Control of Armed Forces (DCAF).
Okey enjoys wring and has published arcles, book chapters and opinion pieces in
internaonal journals and magazines. He is author of Security Sector Reform and
Governance Processes in West Africa: from Concepts to Reality (2014). He has given
numerous lectures and presentaons on dispute resoluon, humanitarian
assistance, conict prevenon and security sector governance at local and
internaonal fora. His professional aliaon include: the African Security Sector
Network, Nigerian Instute of Internaonal Aairs, Commiee on Arbitraon and
Alternave Dispute Resoluon of the Secon on Business Law, Nigerian Bar
Associaon and African Leadership Centre.
351
Negotiation & Dispute Resolution Annual Review 2014
F. ABOUT THE PUBLISHERS
Our Mission
egistered under the Laws of the Federal Republic of Nigeria, Dispute Resoluon
RAssociates (DRA) Limited inherited over two decades cognate experience in
training, research, reforms and consulng, having taken over the business of
consulng run by its current CEO Mr. Kevin N. Nwosu under the name and style of
DCON Consulng. Dispute Resoluon Associates has vast experience and
competence in the design and implementaon of training and reform projects. In
2006 our team iniated the establishment of the rst non court-connected but court
recognized Alternave Dispute Resoluon (ADR) centre in Nigeria. The centre called
SETTLEMENT HOUSE provides world class facilies for the teaching and pracce of
ADR. It was ocially commissioned in November 2006 by the then Inspector General
of Police, Mr. Mike Okiro.
The twin mission of Dispute Resoluon Associates and SETTLEMENT HOUSE is to
contribute to the expansion of access to jusce, as well as the culvaon of dispute
resoluon skills as essenal tools in every aspect of life through the sharing and
disseminaon of knowledge and best pracce. Together with SETTLEMENT HOUSE,
Dispute Resoluon Associates assembles a world class team which combines local
and internaonal experse in the concepon and execuon of dispute resoluon
programmes and projects. Our project team members have done extensive work
not only in Nigeria but also in the United States, England and in some African
countries. Our knowledge of the current status of dispute resoluon pracce in these
jurisdicons and at dierent levels equips us to successfully implement reform
programmes at local, state and federal levels in Nigeria.
Based on our vast experience and cross-disciplinary resources, we have the capacity
to recommend, design and implement special programmes and projects as may be
necessary for achieving the objecves of our clients. We are also able, in some cases,
357
Negotiation & Dispute Resolution Annual Review 2014
to assist in sourcing and securing internaonal donor funding for some of our public
interest programmes. Programmes undertaken by our team include: design and
delivery of training programmes on conict management and dispute resoluon,
law research and training, criminal jusce reforms, and access to jusce and mul-
door courthouse.
Our Projects
l Mainstreaming ADR in the States
Aer years of research, we have developed a comprehensive programme to enable
the mainstreaming of ADR in all the states of the Federaon of Nigeria and the
Federal Capital Territory. The ADR Blueprint entails introducing and instuonalizing
ADR in a comprehensive, systemac and structured manner across various sectors in
each state of the Federaon.
l Electronic Teaching Aids / Local ADR Drama
Based on our experience and evaluaon of the shortcomings inherent in the use of
foreign materials (especially electronic teaching aids) in ADR training and
sensizaon in Nigeria, Dispute Resoluon Associates has developed a series of
electronic teaching aids on ADR using Nigerian actors and local issues. This
contextualized and culturally sensive component of our training enables us to
eecvely pass ADR messages to our trainees in ways that foreign materials cannot.
Also we have complete and ready for casng and producon drama scripts on ADR
based on Nigerian circumstances and issues.
l Vision 2020 Programme on Dispute Resoluon

In keeping with Nigeria's vision to become one of the top twenty democracies by the
year 2020, V2020-PDR is a comprehensive, integrated and sustainable programme
for eecve conict management and dispute resoluon in a democracy. It is
specially designed to enable governments in Nigeria instute eecve framework
for conict resoluon. The objecve of V2020-PDR is to promote access to jusce,
social cohesion, public security, polical stability and inclusive economic
development through sustainable peace educaon and instuonal capacity
building.
358
Negotiation & Dispute Resolution Annual Review 2014
l Sele wit Laa: Comedy, Music, Drama & Dance for Dispute Resoluon
In 2010 we iniated Sele wit Laa to create mass public awareness and acceptance
of opons for peaceful selement of disputes, ADR mechanisms. Using
entertainment as a tool, the iniave delivers key ADR messages and lessons in a fun
way using simple and non-technical language for ease of understanding and use by
the average cizen in daily management of conict.
l Criminal Jusce Reform: The S.M.A. Belgore Model
The S.M.A. Belgore Model of criminal jusce system is a robust blend of retribuve
jusce, restorave jusce and African customary jusce systems. The model
essenally aims to promote eecve crime management, caseload reducon and
prison decongeson through the integraon of fast-track trials, case diversion
measures, non-custodial opons, plea bargain, ADR for crimes, and restorave
jusce principles in the Nigerian criminal jusce system. Project components include
training and capacity building, law reform, and establishment of instuonal
framework for the new measures and pracces.
l Selement Clinic
The clinic essenally oers free and mobile dispute resoluon services for the poor
and needy especially those in rural areas underserved by the formal courts system.
We encourage our trainees to iniate and oer free dispute resoluon services
under this project especially in the early days of their pracce as a way of building
their skills and at the same me contribung to community development. In its
concepon, the Selement Clinic would oer services in local languages where
possible and may be undertaken as part of Community Development project under
the Naonal Youth Service Corps.
Contact Us
Phone: +234 (0)8034386334, +234 (0)8026973970, +234 (0)8055707711
E-mail: info@disputearena.com, dralnig@yahoo.com
Website: www.disputearena.com
359
Negotiation & Dispute Resolution Annual Review 2014

PRINTED IN NIGERIA BY: SVL
I S S N : 2 3 8 4 - 6 0 5 4

Vous aimerez peut-être aussi