Adoption Of Technology In ADR: A Case For Online Dispute Resolution (ODR) In Nigeria
Alternative Dispute Resolution is as old as every community’s civilization; various communities have resolved disputes differently. In the Nigerian precolonial era, the Igbos settled their dispute through the use of arbitration (that is the employment of a system of council of elders to resolve disputes) .
The Hausa have a legal system known for its hierarchical structure that is a combination of Islamic principles with traditional governance. The Yoruba people have a system where disputes are settled by heads of compounds and appeal lies to the Chiefs and Obas.
Disputes/conflicts are inherent in every relationship, and thus every society must adopt mechanisms for resolving these disputes and conflicts. This is why Online Dispute Resolution (ODR) stands out as a transformative solution to resolving disputes in present times. ODR is the deployment of technology to resolve disputes through Alternative Dispute Resolution (ADR) such as negotiation, mediation, and arbitration.
Particularly, the COVID-19 pandemic era brought ODR to the limelight. The restrictions of movement imposed as a result excluded essential services. Notably, this did not include legal services and the administration of justice in Nigeria. This stands in contrast to the inclusion of medical services, law enforcement, and goods providers as essential services. This approach differs from the strategies adopted by other countries .
This led to the National Judicial Council releasing the Guidelines for court sitting during the COVID-19 period in 2020. The Guidelines were addressed to all Heads of Courts of both federal and state judiciaries. Courts were employed and directed to utilize technology in carrying out their duty of justice dispensation as well as make any necessary guidelines to this effect .
During this period, virtual court sittings were encouraged for the dispensation of justice whereas, physical court sittings were limited to only essential and time-bound matters. This can be said to be the first and earliest adoption of technology in the dispensation of justice in Nigeria.
However, this is not enough. The time-consuming delays and incessant adjournment of court cases have made litigation an unfavorable choice of dispute resolution mechanism to be adopted especially in commercial disputes.
The myriad of benefits offered by Online Dispute Resolution (ODR) cannot be overemphasized in today’s dispute resolution world, where time and confidentiality are paramount to most disputants. Online ADR commonly known as ODR offers unparalleled efficiency and privacy. Distance as a barrier to effective dispute resolution has been bridged by the advance of ODR.
Thus, whether you are an individual seeking a discreet resolution to a personal conflict or a business striving to settle disputes swiftly and cost-effectively, ODR has present a suitable opportunity for busy professionals, cost-conscious parties, privacy-conscious people, or companies concerned with Public image, and would want to resolve their disputes in a discreet manner.
In recent times, ODR has been promoted by many dispute resolution centers in Nigeria and abroad. In 2016, the Lagos Multi-Door Courthouse introduced an Online Dispute Resolution (ODR) platform for mediating and arbitrating commercial disputes in Lagos State.
In 2018, the Securities and Exchange Commission piloted an ODR platform for handling capital market-related complaints. According to a 2020 article in Afronomics Law, there have also been ODR initiatives in the private sector, such as the eBay Resolution Center for e-commerce disputes .
Settling disputes using ODR, is not only limited to commercial, family, or employment disputes. For instance the popular Erisco tomato paste review saga, which generated a lot of negative press could have been avoided by deploying ADR and where necessary ODR. On 03 March 2024, the Daily Post published an article with the headline ‘Nigerians threaten to boycott Erisco products over prosecution of reviewer, Chioma Okoli’. For a business enterprise, which aim to maximize, profit, such headlines could have a negative impact on the product and company as a whole. Imagine for two minutes what would be the outcome if ODR were used to resolve the conflict/dispute.
The confidentiality, timely delivery of settlement and discreetness would mean a lot more to the parties involved. It is vital to note that this matter begun in September 2023 and as of June 2024 the case has not been concluded. This is just another inclusion to the series of backlog of cases in the court registry.
What if ADR could have been the option? what if ODR was used in resolving the dispute instead? Would this not save time and preserve the reputation of the brand? Today the use of ODR has been adopted as part of the legal profession, providing countless benefits to users of this dispute resolution mechanism.
The Impact Of Online Dispute Resolution (Odr) On The Legal Profession
Traditional litigation often comes with high costs, lengthy processes, and public exposure, which can be particularly challenging for disputing parties. ODR has sharpened the legal profession by bringing about;
1. Confidentiality and Privacy - This has introduced confidentiality/ privacy to the legal profession that was mostly public with an exception to few sensitive matters. ODR like every ADR ensures that all proceedings are conducted in a secured, private environment. ODR protects sensitive information, ensuring that personal disputes remain confidential. This is particularly important for matters involving family issues, inheritance disputes, or other personal and commercial disputes.
2. Cost-Effectiveness - Traditional litigation can be quite expensive with costs quickly escalating due to attorney fees, appearance fees, and other expenses and long years of litigation. This can be discouraging to the many people, who may be aggrieved and would desire justice. Online ADR offers a more affordable alternative, providing high-quality dispute resolution services at a fraction of the cost. This encourages trust and build in the common person hope for the justice system.
3. Swift Resolutions - The world moves quickly, and prolonged disputes can disrupt operations and impact profitability for companies and business owners. ODR provides a faster resolution process, which usually takes lesser period of time when compared to litigation which in most cases, may last for years before judgement is delivered. This agility is crucial for maintaining competitive advantage and ensuring business continuity.
4. Specialized Expertise - Both Parties to the dispute benefit from the specialized expertise offered by ODR. Unlike traditional litigation where judges are assigned to cases whether or not they possess specific knowledge and experience relevant to the dispute. Professionals who understand the nuances of the situation and can guide a disputant toward a fair resolution is brought in. This promotes and encourages expertise in the legal profession which in turn would aid speedy dispensation of justice.
5. Global Reach and Accessibility - In today’s globalized economy, where there are disputes that cross-geographical boundaries and location. ODR eliminates the need for international/ local travel, making it easier to resolve cross-border disputes. It also connects disputing parties with expert mediators and arbitrators worldwide, ensuring that parties have access to the best talent and minds regardless of location. It provides convenience unlike traditional litigation where one was required to attend court proceedings in person. This has increased the reach of legal services therefore encouraging positive dispute resolution through valid and legal means.
In conclusion, ODR is revolutionizing the legal framework in Nigeria by offering a more accessible, efficient, and confidential approach to dispute resolution. ODR has achieved substantial progress in Nigeria, marked by significant adoption and influence across various states and ADR institutes.
Whether you are an individual looking to settle a personal matter or a business aiming to resolve a commercial dispute, online ADR is designed to meet your needs with unparalleled convenience and efficiency.