Ogaji, Ofinjite Joy (2013) The viability of applying alternative dispute resolution processes in the Niger Delta conflict. PhD thesis, University of Warwick.

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Abstract

As the resource related conflict in the Niger Delta area of Nigeria escalates at a furious pace,
it is becoming clear that traditional means of dispute resolution (such as litigation and
violence) are no longer applicable. Research has also shown that no method of dispute
resolution can be efficient, equitable and administratively practicable without the collective
effort of all parties involved; individuals, institutions and non-governmental organizations
need to work together to develop a countrywide ability to design an effective conflict
resolution system. While there is a perceived need for a viable dispute resolution process, to
date, no concerted effort has been made to harness relevant experiences and build a network
of practitioners skilled in the management of such conflicts.
The emerging Alternative Dispute Resolution (ADR) methods (which do not involve
litigation) may offer opportunities to resolve disputes in the Niger Delta region more
effectively than litigation-based means. In view of this, this research assesses indigenous
dispute resolution processes in terms of their potential applicability as alternative dispute
resolution processes for the Niger Delta conflict. The review also provides insights into the
criteria used to support decision making as it relates to choosing the most appropriate
dispute resolution process. To do this, this research advocates a hybrid model (an
integration of both customary indigenous process and westernised mediation process). The
choice of a hybrid model is predicated on the assumption that the Niger Delta is a hub for
investors, where both locals (indigenes) and outsiders (foreigners) interact and relate
together in pursuit of a common goal. Experience at the grass roots level in one community
may also provide guidance for conflict resolution at similar levels in other communities.

Item Type:	Thesis (PhD)
Subjects:	H Social Sciences > HC Economic History and Conditions J Political Science > JQ Political institutions (Asia, Africa, Australia, Pacific Area, etc.) K Law [LC] > KN Asia and Eurasia, Africa, Pacific Area, and Antarctica
Library of Congress Subject Headings (LCSH):	Dispute resolution (Law) -- Nigeria, Mediation -- Nigeria -- Niger River Delta, International business enterprises -- Political aspects -- Nigeria -- Niger River Delta, Nigeria -- Politics and government -- 1993-2007, Nigeria -- Politics and government -- 2007-
Official Date:	September 2013
Dates:	Date Event September 2013 Submitted
Institution:	University of Warwick
Theses Department:	School of Law
Thesis Type:	PhD
Publication Status:	Unpublished
Supervisor(s)/Advisor:	O'Brian, William E.; Cole, Tony
Sponsors:	Petroleum Technology Development Fund (Nigeria)
Extent:	xx, 331 leaves : illustrations, charts.
Language:	eng

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