An Appraisal of the Use of Alternative Dispute Resolution (ADR) System in Dutse Emirate Council, Jigawa State, Nigeria

Abstract

Conflict may arise in the cause of human interactions and in some instances between family members, neighbors or between individuals, government and it may also bound to arise in businesses and commercial transactions. These conflicts can be resolved through the criminal justice system (CJS) or through the process of Alternative Dispute Resolution (ADR) system which in most cases is cost effective, quicker and non-time consuming in the resolution of conflict. The study appraised the use of the ADR system in conflict resolution in Dutse Emirate Council, Jigawa State. Principle Negotiation Theory and Structural Functionalism were the theories adopted in the study. The Principle Negotiation Theory served as the theoretical framework of the study. The study employs the survey research method where the quantitative and qualitative data collection instruments were used. Questionnaires, Key Informant Interviews (KIIs) and in-depth interviews (IDIs) were used for the study. Using purposive sampling technique questionnaires were administered to 403 respondents out of which 376 were filled and returned and 12 participants were interviewed chosen from the traditional rulers, religious leaders, beneficiaries of ADR system and law enforcement agencies. Simple percentage, frequency distribution and cross tabulation were used in analyzing the quantitative data. While the qualitative data were translated based on themes or codes and manually analyzed. The findings of the study reveals that mediation and negotiation are the most widely methods used in dispute resolution. The ADR system has recorded successes in terms of the acceptance, level of satisfaction, resolution of high number of cases, reduction of disputes and the benefits of the system. The system has also used to address a range of different disputes and disagreements such as marriage dispute, land dispute, communal dispute and farmers/herders conflict among others. The study also discovered that the ADR system has some challenges which include lack of training, in adequate funding and logistic problems. The study therefore recommends the training and retraining of mediators of ADR system, government, community based organization (CBOs) should contribute to the sufficient funding of the ADR system.Conflict may arise in the cause of human interactions and in some instances between family members, neighbors or between individuals, government and it may also bound to arise in businesses and commercial transactions. These conflicts can be resolved through the criminal justice system (CJS) or through the process of Alternative Dispute Resolution (ADR) system which in most cases is cost effective, quicker and non-time consuming in the resolution of conflict. The study appraised the use of the ADR system in conflict resolution in Dutse Emirate Council, Jigawa State. Principle Negotiation Theory and Structural Functionalism were the theories adopted in the study. The Principle Negotiation Theory served as the theoretical framework of the study. The study employs the survey research method where the quantitative and qualitative data collection instruments were used. Questionnaires, Key Informant Interviews (KIIs) and in-depth interviews (IDIs) were used for the study. Using purposive sampling technique questionnaires were administered to 403 respondents out of which 376 were filled and returned and 12 participants were interviewed chosen from the traditional rulers, religious leaders, beneficiaries of ADR system and law enforcement agencies. Simple percentage, frequency distribution and cross tabulation were used in analyzing the quantitative data. While the qualitative data were translated based on themes or codes and manually analyzed. The findings of the study reveals that mediation and negotiation are the most widely methods used in dispute resolution. The ADR system has recorded successes in terms of the acceptance, level of satisfaction, resolution of high number of cases, reduction of disputes and the benefits of the system. The system has also used to address a range of different disputes and disagreements such as marriage dispute, land dispute, communal dispute and farmers/herders conflict among others. The study also discovered that the ADR system has some challenges which include lack of training, in adequate funding and logistic problems. The study therefore recommends the training and retraining of mediators of ADR system, government, community based organization (CBOs) should contribute to the sufficient funding of the ADR system.