THE ARBITRATION AND MEDIATION ACT, 2023: NEW WINGS FOR MEDIATION IN NIGERIA?

Abstract

In Nigeria, arbitration as well as mediation were regulated by the Arbitration and Conciliation Act, 1988 (ACA, 1988) however, over the years, owing to developments in the field of arbitration, the ACA, 1988 could no longer match-up hence, they were legitimate calls for a review. In 2023, the Arbitration and Mediation Act, (AMA, 2023) was enacted. Thus, the AMA, 2023 is the first legislative effort at making express and specific regulatory provision on mediation. This article undertakes a clinical examination of the salient provisions of the AMA, 2023 with regards to mediation hinged on transformative mediation theory while explicating the historical development of mediation in Nigeria. It found that the AMA, 2023 contains novel and far-reaching mediation provisions which supports the growth of mediation. It recommends enlightenment and creative use of the AMA, 2023 for maximal benefits by stakeholders.