The relevance of mediation in Jurisprudence and the Nigerian Justice System

By Christian Ezeh

Parties to a conflict freely elect or choose to be guided by an unbiased, neutral and impartial third party to construct a workable, amicable and beneficial resolution for their both problems. The parties own the settlement process agreeing to come to a middle or common ground for their common interest. At the end of the resolution, the settlement agreement is signed by parties for peaceful coexistence. This aptly describes, in the most elementary or simple form, what mediation is, the mediation process as well as its mechanism.

Ahmed Isah, executive media strategist and one who, for over 30years, has been deeply involved in human development and broadcast journalism, uses mediation to solve complex issues in society today. As a chartered mediator, conciliator and fellow, more than a score of human rights cases have been resolved through his reality talk magazine program, “Brekete Family” on Human Rights Radio & Television in Nigeria. Ordinary president, Ahmed Isah, has a wide range of experience on these subjects, and when he speaks on matters of this kind, all would do well to heed his word.

Essential features of mediation include: Helping warring parties to understand themselves from each other’s standpoint or viewpoint- helping them decide on a suitable compromise.

Mediation looks at the mutual interests and collective gain rather than the mere issue. The clarity that mediation puts on the table is seldom present in judicial hearings. It reinstates, restores and recreates conferences.

Mediation has been as old a practice as man since human civilization and interaction has never been without conflicts.

The United Nations Convention on International Settlement Agreements resulting from mediation (Singapore Convention) adopted in December 2018, created a mechanism where mediated settlement agreement is enforceable by countries that are signatory to it. Nigeria ratified the agreement on November 27, 2023 when it was deposited at the United Nations Headquarters in New York. In addition to this, Nigeria also enacted the Arbitration and Mediation Act 2023, to provide the domestic framework for enforcing international mediated settlement agreements under the convention. The convention entered into force in Nigeria on May 27, 2024, according to the United Nations Information Service, making the country the 13th state party to the convention.

Ratification of this protocol by Nigeria makes mediation a veritable tool in the legal process. Justice Karibi Whyte held in the case of EGESIMBA V ONOZIRIKE that decisions of institutions or bodies so mutually agreed to by parties, having followed rules and guidelines, qualifies as one binding from a court which can act as estoppel.

The Rules of Professional Conduct for legal practitioners (RPC), 2007, mandates lawyers to inform their clients about the option/function of Alternative Dispute Resolution (ADR) before resorting to court. This presupposes, therefore, that the lawyer is duty bound to his client to explore mediation alternatives before heading to court.

Writing on the “development of peoples” in his encyclical on March 28, 1967 Pope Paul VI said that the world is sick. His emphasis on the letter showed that the sickness of the world is less in the monopoly of resources by a few men, but more in the lack of brotherhood among individuals and peoples. This, indeed, underpins the place of mediation in human relationships. Brotherhood and cooperation can be made better through mediation as against litigation. Litigants to legal charges more often than not become adversaries than allies. They become suspicious of themselves and highly indignant. Mediation practice extolls the oneness of the human family while at the same time recognizes that individuals and groups have the right to be different in society.

Strengths of mediation over litigation:

Mediation rides on the strength of dialogue, understanding, unity, peace, progress and coexistence. Mediation does not convict, condemn or place a sentence. Instead, it places a human face on all.

In the promotion of justice, mediation is not a one-way traffic. Neither is it a two-way prong, it is all encompassing – looking at the past, the present and the future. Altogether, mediation delivers a justice system where, though the painful deed may not be or cannot be undone, but on a common ground, there is relative peace to the satisfaction of all.

Most appalling and dehumanizing is the fact that inmates awaiting trials and even those convicted to jail terms come out of their prison terms worse than they were before incarceration.

In decongesting our prisons, mediation plays a prominent role. No formal court procedure can confront issues in dispute with a relational lens aimed at mutual benefit. And since mediation is not punitive, it cannot be said to send anyone to jail, therefore, inmate numbers and high density in our facilities across the country will consistently deplete.

Peace Ambassador Segun Ogunwonwo, president of mediation Institute and member, United Nations Steering Committee, UNSC on Peace, conducts training on mediation in Nigeria and abroad every year. He trains quite a number of people and empowers them with mediation skills so sorely needed in today’s fragile environment where suspicion, hatred and mutual distrust are very prevalent in communal clashes, armed conflicts and violence. Ambassador Ogunwonwo and chief Lloyd Duru, Registrar of the mediation Training Institute, have consistently championed the course of peace through mediation in Nigeria. Peace ambassador Segun Ogunwonwo was instrumental to the formation of the multi-door court in Lagos state. Recently in June 2026, the mediation Training Institute (MTI) made history in Nigeria by training 100 veterans each from the 36 states of the federation including the FCT. This milestone is only achievable by people passionate enough to see a country free from violence, hatred and suspicion. Huge resources are continuously invested for the interest of peace in Nigeria all year round.

That every party in mediation is a victor makes mediation most relevant in our society today.

That the mediation practice does not impose or pass sentence on a loser but reconciles parties on a reliable, amicable and mutually beneficial ground is truly a better option than litigation.

A win/win, lose/lose situation where no one party gets or takes it all, makes mediation indeed highly productive in today’s society heavily beclouded with bitterness, anger, hostility and ever renewed tension.

Mediation is economically efficient, appropriate and proportionate, and ever more expedient than the adversarial method of our court services and litigation. The cumbersome process involved in the civil justice of the modern era where advisers and judges are left to work out solutions to dispute by substantive legal framework no longer suits the exigency of today’s business world.

That mediation abhors legal rights is another misconception. A broader value of mediation is seen in the priority it places on shared interest, increased and better relationships and peaceful coexistence.

Multi-dimensional issues in conflict, with all features of possible controversies, are laid open through careful conflict analysis.

Legal practitioners are now increasingly encouraged to equip themselves with mediation skills and toe the line of peaceful resolution particularly in civil and commercial cases. Julie MacFarlane, in his book, “The New Lawyer” published by University of Columbia press, 2009, wrote “The most successful lawyers of the next century will be practical problem solvers, creative and strategic thinkers, excellent communicators who are persuasive and skillful negotiators, thoroughly prepared advocate for good settlements, who are able and willing to work in a new type of professional partnership with their clients and aware of the need to constantly update their knowledge of conflict management process and techniques as well as substantive law”. So, given the drudgery inherent in the formal justice services, mediation offers a more viable approach, quick, cheaper and easier dispute resolution method than litigation.

Mediation approaches in jurisdictions outside Nigeria: In Italy, a mandate has been placed on lawyers to adequately inform clients about mediation options. Reforms introduced in the country, made mediation an integral part of their justice system in sectors like labor, agriculture and matrimonial or divorce cases.

Hong Kong laid a beautiful precedent more than 17 years ago in Paul Y Management Ltd Vs. Eternal Unity Development Ltd (12 August 2008, CACV 16), where the Appeal Court admonished litigants and advisers to exhaust mediation avenues before continuing in court which may ultimately result in a no – win situation for both parties.

India, Bosnia, Bulgaria, Australia, Canada, USA and several other countries have institutionalized mediation in solving complex issues in society outside of court processes.

“I had learnt the true practice of law. I had learnt to find out the better side of human nature and to enter men’s hearts. I realized that the true function of the lawyer was to unite parties riven asunder. The lesson was so indelibly burnt into me that a large part of the time during the twenty years of my practice as a lawyer was occupied in bringing about private compromises of hundreds of cases. I lost nothing thereby – not even money, certainly not my soul”. This is a masterpiece bequeathed by Mahatma Gandhi centuries ago. Similarly, Abraham Lincoln, the 16th president of the US actively advised: “Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how a nominal winner is often a real loser – in fees, expenses and waste of time.” As a peacemaker the lawyer has a superior opportunity of being a good man. There will still be business enough.

Mediation cuts across multiple areas of life.

International treaties and protocol have elements of mediation. Cease fire agreements even in war-torn zones incorporate mediation mechanisms.

There is hardly indeed any sphere of human endeavor that mediation does not, and cannot play prominently. Only open minded hearts disposable enough to welcome, draft and lay out the foundations of peace can bring about a world free from violence, disappointments and regrets.

Christian Ezeh, a conflict analyst and mediator writes from Abuja