MEDIATION, CONCILIATION AND THE CONSTRUCTION INDUSTRY IN NIGERIA: CATALYSTS OR CLOGS?

Abstract

Prompt dispute resolution is a catalyst for economic growth because it boosts investors confident in any economy. The Nigerian construction industry is susceptible to disputes that necessitate sector specific experts in Alternative Dispute Resolution (ADR) mechanisms. Litigation and lately the victim of litigation status which arbitration seems to be suffering in the hands of litigation through remedies such as stay of proceedings has made this author proffer other workable mechanisms. In view of this, this paper addressed the roles and benefits of mediation and conciliation as effective ADR mechanisms specifically in the Construction industry in Nigeria. The paper adopts doctrinal methodology through review of the existing body of literature on the topic. The paper therefore, highlighted the contributions of professional bodies such as the Institute of Chartered Mediators and Conciliators (ICMC) and the Institute of Construction Industry Arbitrators (ICIArb) in promoting, training, and certifying ADR practitioners. The paper identified challenges of the use of mediation and conciliation in this industry such as the scarcity of specialized construction ADR experts, the recurrent judicial interference and the need for broader public awareness.