Good governance in focus

Historically, any discourse on the administration of justice will invariably focus on the courts and the judiciary.  However, we now have Alternative Dispute Resolution (ADR) and Multidoor Court Houses (MCH). Among scholars, jurists and legal practitioners, there are conceptual and jurisprudential issues regarding ADR especially in terms of its origin, development, components and most especially its relationship with the judiciary.  This chapter traces the historical developments of ADR processes and examines the interface between arbitration, mediation/conciliation and the judiciary.  It contends that the Arbitration and Conciliation  Act, 2004 sets out the areas where the courts can intervene in arbitration whereas there are no such relationships between mediation/conciliation and litigation.  However, with the MCH, there is now an interface between mediation/conciliation and the litigation.  Lastly, despite the controversy as to whether arbitration is part of ADR, for the purposes of this analysis, it concedes that arbitration is part of the ADR though it is sui generis

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