Resolving the Juridical Tangle on the Concept of Conciliation under the Nigerian Arbitration and Conciliation Act


  • John Funsho Olorunfemi University of Nigeria Enugu Campus


Conciliation, Mediation, Negotiation, Nigerian Arbitration and Conciliation Act, Reform Bill, UNCITRAL Model Law


The Nigerian Arbitration and Conciliation Act, which was enacted twelve years before the
UNCITRAL Model Law on Conciliation was made in 2002, provides for conciliation as a means
for parties to seek amiable settlement of their dispute. This paper adopts doctrinal research
method by relying on relevant literature and the critical examination of existing provisions of the
Nigerian Act on the concept of Conciliation which is yet to be modified to conform to
contemporary development addressed under the UNCITRAL Model Law on Conciliation 2002
as amended under the Singapore Convention, 2018, the Reform Bill, State uniform Model Law
and the Lagos Guidelines on Mediation which governs mediation at the Lagos Court of
Arbitration. It finds that conciliation is not defined under the Nigerian Act. It is used in a
restrictive sense when compared with the wider definition of conciliation under article 1(3) of the
UNCITRAL model law on Conciliation as adopted in section 67(3) of the Reform Bill which
defines conciliation to include mediation and other ADR concepts of similar import. This paper
points out that conciliation or mediation has been part of Nigeria’s traditional system and
suggests that ADR be integrated into the Nigerian Criminal Justice System.

Author Biography

John Funsho Olorunfemi, University of Nigeria Enugu Campus

John Funsho Olorunfemi, PhD.(Hons) Ife, LLM, PHD, (Nig), BL. Funsho Teaches Law of Arbitration Faculty of
Law, University of Nigeria, Enugu Campus.