Integration of Arbitration, Mediation and Conciliation in Dispute Resolution Management
By Joe Kyari Gadzama

ALTHOUGH mediation is not taught as an academic subject in tertiary institutions generally, arbitration is taught in some universities at both the undergraduate and postgraduate levels. The level of activities here is not as high as one would expect. I urge that arbitration should be a compulsory course in all under-graduate law programmes. Due to the fact that not all universities teach the course, it is my contention that at the Law School level, attempts should be made to cover the theory and practice of both mediation and arbitration. We would have been happier if the theory is taught at the university level and the practice at the Law School. In Africa, the Law Schools are not part of the universities, which is the case in the United States of America where separate institutions are regulated by the Council of Legal Education and similar institutions. Teaching of arbitration and the Alternative Dispute Resolution (ADR) processes is one other way of integrating same into dispute resolution mechanisms in Africa.

Regional centres for international commercial arbitration
The Asian-African Legal Consultative Organisation was established for the purpose of advancing the socio-economic and political interests of African and Asian countries. At its meeting in Bagdad in Iraq in 1977 and in Doha in Qatar in 1978, the organisation decided to set up regional centres for international commercial arbitration. The objective of establishing the centres is to provide a system for the benefit of parties engaged in trade, commerce and investment within the regions. The centres encourage parties to have their arbitration or other alternative methods of settling disputes in the region where the investment was made or in the place of performance. With the establishment of the centres, resort to arbitral institutions outside the regions may no longer be necessary.

The centres also assist in the enforcement of arbitral award and other matters incidental thereto, including facilities for ad hoc arbitration. The rules of the centres are the modified versions of the UNCITRAL Arbitration and Conciliation Rules. The activities of the centres are not confined to countries in the Asia-African and Pacific Regions only, but can also be used by other regions.

The Lagos Regional Centre was established under the Lagos Regional Centre for International Commercial Arbitration Act of 1999. The centres are independent international institutions which are inter-governmental organisations having permanent observer status at the United Nations. The centres maintain an International Panel of Arbitrators and will act as an appointing authority where so requested by the parties to a dispute. There is also Cairo regional centre for International Commercial Arbitration in Egypt. An agreement has recently been executed to establish a similar body in Nairobi, Kenya.

The centres do not conduct arbitration and mediation/conciliation per se but provide facilities for such services. This is another way of integrating the various ADR processes into the dispute reconciliation management.

Emergence of ADR bodies
Many arbitral bodies have strong presence in Africa. The Chartered Institute of Arbitrators (UK) has a very active branch in Nigeria and I am proud to be a member. The International Chamber of Commerce (ICC) has a regional committee in Africa. In both bodies, there are various specialisations like maritime, construction, oil and gas, among others. The two bodies also promote conciliation/mediation. They, in addition to other organisations, organise regular seminars/workshops and training programmes on arbitration and other ADR processes.

The Chartered Institute of Arbitrators organises entry courses for those aspiring to be associate members of the institute and special member course for those aspiring to be members of the institute. With this development, more and more Africans are becoming aware of arbitration and mediation as a potent means for the resolution of disputes.

The Centre for Effective Dispute Resolution (CEDR) of the United Kingdom had already spread its tentacles into Africa, particularly Nigeria. Already, there is a body in Nigeria known as Association of CEDR (UK) Accredited Mediators of Nigeria of which I am the chairman. This is a bi-product of activities of the Negotiation and Conflict Management Group (NCMG) and CEDR.

The Bar Associations
Professional bodies that encourage the use of arbitration and ADR include the International Bar Association (IBA). The IBA, of which many of us are members, is at the vanguard in the promotion of arbitration and ADR processes internationally. The IBA is better placed to appreciate the delays arising from litigation and the need to find alternatives. It organises awareness programmes for members and the general public. Two of the important IBA committees are the Arbitration Committee and the Mediation and Conciliation Committee which are under the Legal Practice Division (LPD) of the IBA.

The Pan-African Lawyers' Union and the Regional Bar Association, example West African Bar Association, should toe the line of the IBA and encourage the setting up of ADR committee to compliment the efforts of the IBA and other ADR institutions and professional bodies.

Most National Bar Associations (example the Nigerian Bar Association), have ADR committees at the state and national levels.

Also, other professional bodies like those of architects, engineers, quantity surveyors, accountants and estate agents are organising courses to sensitise their members on the benefit of arbitration and other alternatives to dispute resolution.

Conclusion
Alternative Dispute Resolution is being appreciated by all in Africa today because of its fast means of settling the matter. Litigants now insist on ADR method because of the fastness, affordability, among others Matters not so serious can equally be referred for arbitration.

Conflict is a natural phenomenon and an unavoidable consequence to human interaction in any society. Litigation in Africa has been and substantially remains the major process for conflict resolution.

Based on the attendant costs, delays and frustrations inherent in its adversarial nature, parties have increasingly sought recourse to alternative means in the arbitration, mediation, negotiation, conciliation and other hybrid processes. These ADR processes are now so attractive and widely embraced (at least in principle in Africa) by practitioners and litigants alike, that there is almost a tendency to see them as offering full proof solution to the vicissitudes associated with litigation.

This presentation is meant to give an overview of how arbitration and ADR processes can be integrated in Africa. As an evolving area, it is generating interest. Africa and Africans are willing and ready to join the 'bandwagon'. I regard myself as a vendor, an advocate and a practitioner of these processes. This is not to say that there are no instances where litigation is preferable. What is important is that a nexus should be established between a dispute and a process of resolution of the dispute so as to ascertain the most appropriate process for a particular dispute. Ideally, the process must fit the dispute and if this happens, the end justifies the means.

On the whole, we have tried to analyse the various ways in which these processes can be efficiently and effectively integrated and in the onerous task of fast-tracking sustainable alternatives to dispute resolution management by litigation in our various countries in Africa.

Chief Gadzama (SAN) delivered the paper at the 2nd International Workshop on Arbitration and ADR in Africa held at Johannesburg, South Africa, recently.