Why Mediation is Becoming Increasingly Popular

Life, at its very essence, revolves around relationships. We cannot claim to be fully alive and well if we’re not interacting and transacting with other people. This simple fact makes disputes inevitable, leading to the development of the judicial system and the popularity of litigation as a means of seeking redress in civil matters or meting out punishments in criminal […]

7 factors to consider before choosing arbitration over litigation

Many contracts are increasingly adopting the incorporation of an arbitration clause in the event of dispute between concerned parties. In fact, some contracts even stipulate that all disputes must be compulsorily subjected to arbitration rather than litigation. It is therefore important to have a good understanding of major differences between these two choices of dispute resolution. Except otherwise agreed by […]

What is Customary Arbitration?

Customary Arbitration is arbitration in dispute founded on the voluntary submission of the parties to the decision of the arbitrators who are either chiefs or elders of the community. It is uniquely distinct from arbitration under the statute. At the centre of customary arbitration is the settlement of disputes by one or more arbiters in a community in accordance to […]

How To Reach A Settlement In Mediation

As parties approach agreement in the mediation sessions, alternative methods are available to the parties and mediator. If it seems helpful, the mediator can convene an intermediate joint session where the parties can negotiate the final points, face to face. If necessary, one or more private sessions may be interposed.  Again, the mediator might convene a final joint session at […]

The Legal And Institutional Framework Of Online Dispute Resolution (ODR)

The explosive expansion of the use of the internet makes it possible for businesses to expand their markets and render services to a large group of e-consumers. While offline transactions can lead to various types of disputes, the same is true for online transactions. In other words e-commerce transactions will sometimes result in e-disputes. Technology has brought about profound and […]

Is Alternative Dispute Resolution A Friend Of The Bar And The Bench?

The courtrooms are overwhelmed by the volume of litigation they have to deal with and this slows down the growth of good businesses.  Consequently, businessmen and women turn to Alternative Dispute Resolution (ADR) which is more flexible, confidential and fast. ADR is generally seen as being faster and more economical than court proceedings. It can also be shaped to suit […]

The International Center For Settlement Of Investment Disputes ( ICSID)

The center was established at the Washington Convention of March 18 1965, for settlements of investment disputes between states and between nationals of ratifying states. The center is part of World Bank and is of special importance to developing countries because of the growing involvement of the World bank in the financing of their development programmes. The convention is designed […]

Online Dispute Resolution

Technology is changing our lives in different ways. With the Internet we can reach out to anyone, anywhere with just a few keystrokes. We now carry devices around with us to enable us have access to virtually any available information and we can instantly communicate via Facebook, Twitter, LinkedIn and many other means. Before the 1990s there was no commercial […]