ABSTRACT

Abstract

Online Dispute Resolution (ODR) is a method of online dispute settlement that utilizes the traditional Alternative Dispute Resolution (ADR) mechanisms such as arbitration, mediation, conciliation and negotiation for resolution of disputes. Presently, ADR practitioners in Nigeria are yet to actively embrace the use of ODR to resolve disputes and by necessary implication Nigeria seems to be lagging behind other developed countries such as United Kingdom and the United States of America in the application of this dispute resolution. Taking the United States of America and the United Kingdom as models, while the United Kingdom favors a government regulatory market for ODR, the United States of America is inclined towards a free market approach and promotes minimal state regulation. Unlike Nigeria, both countries actively practice ODR and have provisions in their laws that make direct reference to it. Both countries also represent foremost economies with distinct views about how to regulate ODR. Therefore, Nigeria has the potential to catch up with this global trend if she embraces ODR in the manner in which it is practiced in the United States of America or the United Kingdom. There are numerous benefits such as preservation of anonymity, cost and time saving, convenience, flexibility, access to justice and faster case resolution, if Nigeria adopts ODR. In fact, the global reality presented by Covid-19 is such that makes virtual and online dispute resolution imperative. This article employed both the doctrinal and non-doctrinal research methodology. As a result, it adopted ideas and information gathered from primary and secondary sources of legal materials and also obtained comments and opinions from respondents during the just concluded Annual Conference of the Chartered Institute of Arbitrators United Kingdom (Nigeria branch) held in Abuja, Nigeria where participants gathered from different parts of Nigeria and the world to deliberate and brainstorm on emerging issues and challenges in Arbitration and ADR in Nigeria and Africa. ODR is dispute resolution technologically that is keeping pace with the technological advancement in this technological age. The inability to keep pace may render practitioners and service providers to be living in the past that may not enhance growth and development in this technological 21^st century.