THE FUTURE OF ADR THROUGH PARALEGAL SUPPORT IN NIGERIA’S COMPLEX LITIGATION ENVIRONMENT

ABSTRACT: 

The Nigerian justice sector is undergoing unprecedented strain due to complex litigation, docket congestion, procedural delays, and rapidly expanding commercial disputes. Alternative Dispute Resolution (ADR) has, therefore, become a national necessity rather than a supplementary recourse. However, an underexplored question is the extent to which paralegal support—a growing feature of modern legal systems—can redefine the future structure, accessibility, and efficiency of ADR in Nigeria. This article critically analyses the evolving role of paralegals in ADR, evaluates the legal and institutional constraints that shape their involvement, reviews relevant case law and statutory frameworks, and proposes reforms that could enhance Nigeria’s dispute-resolution architecture. It concludes that paralegals are essential to the future sustainability of ADR, particularly in rural communities and commercial sectors where the justice gap remains profound.

INTRODUCTION 

Nigeria’s contemporary litigation environment is marked by complexity, high volume, and increasingly technical subject-matter. Commercial disputes now routinely involve multi-jurisdictional transactions, digital-commerce conflicts, oil and gas issues, cross-border intellectual-property claims, and intricate financial arrangements. Litigation, in many cases, has become time-consuming, prohibitively expensive, and substantively uncertain. 

While ADR has expanded dramatically through statutory mandates in the Lagos Multi-Door Courthouse Law 2007, the Arbitration and Mediation Act 2023, and multiple sector-specific regulations, the practical accessibility of ADR mechanisms remains limited for many Nigerians. 

One significant but under-discussed solution is the integration of paralegals—professionals with practical legal training but not called to the Nigerian Bar—into the ADR ecosystem. Paralegals already play indispensable roles in jurisdictions such as South Africa, Canada, Kenya, and the United States, functioning as mediators, case managers, arbitrator assistants, community dispute facilitators, and research experts. 

Given Nigeria’s rising litigation complexity, this article argues that paralegal-driven ADR support will form a key pillar in the next phase of justice-sector reform. It examines how paralegal intervention can improve case management, enhance access to justice, reduce court congestion, lower ADR costs, and strengthen compliance with ADR outcomes. 

2.1 THE STRUCTURE OF NIGERIA’S COMPLEX LITIGATION ENVIRONMENT 

2.1 The Problem of Case Congestion: 

The Nigerian judiciary faces chronic case backlogs. The National Judicial Council (NJC) has repeatedly acknowledged that some judges handle more than 1,000 matters concurrently. In FRN v. Osahon (2006) 5 NWLR (Pt. 973) 361, the Supreme Court noted the “unacceptable delays” that impede justice delivery—an observation that has grown more relevant two decades later. 

Complex litigation—including electoral petitions, oil and gas disputes, cybercrime prosecutions, and financial-market conflicts—dramatically increases judicial burden. The effect is slow resolution, reduced investor confidence, and escalating litigation costs. 

2.2 Commercial and Technological Complexities

Disputes arising from fintech, blockchain transactions, digital banking, online consumer transactions, and multinational contracting require expertise often beyond the traditional litigation model. 

Cases such as Total E&P Nigeria Ltd v. RPDC Ltd (2018) LPELR-46080(CA) illustrate the technical depth of contractual disputes in Nigeria’s commercial environment. Traditional courtrooms are not structured to resolve such disputes swiftly, and this makes ADR indispensable. 

2.3 Declining Litigation Affordability 

Beyond complexity, litigation has become financially inaccessible to many Nigerians. Filing fees, procedural steps, document production, expert testimony, and counsel fees all contribute to an expensive process. 

Thus, ADR, especially mediation and conciliation—offers an alternative that is cheaper, faster, and more collaborative. 

3.0 THE RISE AND RELEVANCE OF ALTERNATIVE DISPUTE RESOLUTION IN NIGERIA 3.1 The Statutory Framework: 

ADR in Nigeria draws authority from several statutes: 

Arbitration and Mediation Act 2023 Replaces the Arbitration and Conciliation Act 1988. It expands mediation, allows hybrid processes, and provides enforceability mechanisms similar to the New York Convention. Sheriffs and Civil Process Act (SCPA) Recognizes the enforcement of arbitral awards. High Court Civil Procedure Rules (Lagos, FCT, Kano, others) Frequently mandate pre-action ADR protocols. Lagos Multi-Door Courthouse Law 2007 Institutionalizes mediation, arbitration, and neutral evaluation. 

National Industrial Court of Nigeria ADR Centre Instrument 2015 Makes ADR compulsory in certain labour disputes. 

3.2 Judicial Support for ADR 

Nigerian courts have consistently endorsed ADR processes. In M.V. Lupex v. N.O.C. & S. Ltd (2003) 15 NWLR (Pt. 844) 469, the Supreme Court emphasized the binding nature of arbitration agreements. Similarly, in Shell Nigeria Exploration v. Federal Inland Revenue Service (2021) LPELR-55447(SC), the Supreme Court affirmed respect for contractual ADR clauses. 

3.3 Limits of Current ADR Accessibility

Despite strong institutional support, ADR remains underutilized. Barriers include: Lack of awareness in rural communities 

• Shortage of trained mediators 
• High ADR costs in commercial centres 
• Limited acceptance of ADR outcomes in traditional settings 
• Procedural inefficiencies in ADR case administration 

4.0 PARALEGAL SUPPORT AS A TOOL FOR ADR DEVELOPMENT 

4.1 Defining the Role of Paralegals 

A paralegal is a professionally trained non-lawyer who performs legal tasks under supervision. In the ADR context, paralegals may function as: 

• Mediation assistants 
• Case intake officers 
• Document-review experts 
• Legal researchers 
• Community mediators 
• Arbitrator support personnel 

Settlement-agreement drafters (under lawyer supervision) 

The Nigerian Institute of Chartered Mediators and Conciliators (ICMC) already trains mediation advocates and neutrals, but structured paralegal involvement remains minimal and unregulated. 

4.2 International Precedents: 

South Africa: Paralegals in community justice centres conduct mediation and provide dispute-resolution services recognized by the Department of Justice. 

Kenya: Paralegals operate through Alternative Justice Systems (AJS) frameworks in resolving local conflicts.

United States: Paralegals routinely support arbitration firms, mediation programs, and court-annexed ADR. 

These models demonstrate that paralegals can strengthen Nigeria’s ADR framework. 

5.0 THE LEGAL BASIS FOR PARALEGAL PARTICIPATION IN ADR IN NIGERIA 5.1 Statutory Openings: 

No Nigerian statute expressly prohibits paralegal involvement in ADR. Instead, the law leaves room for non-lawyers to: Act as mediators, Conduct conciliation, Assist arbitrators, Facilitate community dispute resolution, Serve as alternative justice officers. 

Section 67 of the Arbitration and Mediation Act 2023 permits parties to choose any “fit person” as mediator or neutral evaluator, which implicitly includes trained paralegals. 

5.2 Case Law Interpretation 

In A.G. Federation v. A.N.P.P. (2003) 18 NWLR (Pt. 851) 182, the Court of Appeal held that where legislation does not prohibit a category of persons from performing certain civic or quasi-legal roles, such persons may lawfully act. 

In Okafor v. Nweke (2007) 10 NWLR (Pt. 1043) 521, the Supreme Court restricted legal representation by non-lawyers but clarified this applies only to courtroom practice, not support functions or non-court ADR roles. 

Thus, paralegals can lawfully operate within ADR settings. 

6.0 PRACTICAL AREAS WHERE PARALEGALS CAN TRANSFORM ADR IN NIGERIA 6.1 ADR Case Management and Intake Processing: 

Most ADR centres in Nigeria lack efficient case-intake procedures. Paralegals can: Conduct preliminary interviews, Screen cases for ADR suitability, Explain mediation protocols to parties, Prepare case summaries, Coordinate scheduling between parties and mediators. These functions free mediators and judges from administrative burdens. 

6.2 Mediation and Arbitration Assistance: 

Paralegals can support ADR sessions through: Preparing mediation briefs, Organizing documents and exhibits, Taking neutral notes, Conducting research on precedents, Drafting

settlement agreements (for lawyer review). This enhances procedural quality, especially in complex commercial disputes. 

6.3 Community Justice and Rural Dispute Resolution 

Nigeria’s informal justice systems still resolve more than half of daily disputes—including land conflicts, family disputes, market quarrels, and tenancy issues. 

Paralegals, trained in mediation, can significantly strengthen these community-based dispute mechanisms, reducing pressure on the formal courts. 

6.4 Support in Online and Digital ADR 

With the growth of Online Dispute Resolution (ODR), paralegals can perform: Technical support, Digital document management, Virtual mediation coordination, E-filing and online scheduling. This aligns with global digitization trends. 

6.5 Access-to-Justice Programs 

Paralegals can bridge the justice gap by assisting vulnerable and indigent persons who cannot afford lawyers. This is consistent with Section 36(1) of the 1999 Constitution (as amended), which guarantees fair hearing and access to justice. 

7.0 BENEFITS OF PARALEGAL-DRIVEN ADR SUPPORT 

7.1 Reduction of Court Congestion 

Court-annexed ADR programs with paralegal support help divert thousands of cases away from courts annually. Lagos and Abuja alone could reduce docket burdens by integrating paralegals into ADR operations. 

7.2 Lowering the Cost of Dispute Resolution 

Litigation costs often deter justice pursuit. Paralegal-facilitated ADR offers affordable services for low-income litigants and start-up businesses. 

7.3 Enhancing Procedural Efficiency: 

With paralegals managing documentation, research, scheduling, and communication, ADR processes become more efficient and timely. 

7.4 Increased Public Awareness and Acceptance:

Paralegals, especially those embedded in communities, can promote ADR literacy and resolve mistrust often associated with formal legal institutions. 

7.5 Professional Growth for the Justice Sector: 

The integration of paralegals into the ADR landscape supports legal-sector diversification, creating new career pathways and improving service delivery. 

8.0 RISKS AND CHALLENGES IN PARALEGAL INVOLVEMENT 

8.1 Regulatory Ambiguity: 

Nigeria lacks a formal statutory framework regulating paralegal practice. This results in uneven quality, lack of standardization, and potential role confusion. 

8.2 Ethical Concerns: 

Unregulated involvement risks: Unauthorized practice of law, Poorly drafted agreements, Confidentiality breaches, Mediator bias or incompetence. 

8.3 Institutional Resistance 

Some legal practitioners fear that expanded paralegal roles will reduce demand for legal services—a misconception already resolved in jurisdictions with strong paralegal systems. 

8.4 Training Deficits 

Many Nigerian institutions do not provide structured ADR-based paralegal education. Training gaps may undermine dispute-resolution quality. 

9.0 LEGAL AND POLICY REFORMS TO STRENGTHEN PARALEGAL-DRIVEN ADR 9.1 Enactment of a Paralegal Regulation Statute 

Nigeria should adopt a Paralegal Regulation Act to: Define admissible paralegal roles, Set professional standards, Establish licensing and certification requirements, Protect consumers of legal services, Integrate ADR functions into formal training. 

9.2 Integration into State Multi-Door Courthouses

Lagos, Abuja, Kano, Port Harcourt, and Enugu Multi-Door Courthouses should formally incorporate paralegals into: Case-intake departments, Mediation secretariats, Research units, ODR teams. 

9.3 Collaboration with the Legal Aid Council 

Paralegals can provide ADR support for indigent litigants, especially in land, family, tenancy, and employment disputes. 

9.4 Structured Training and Accreditation 

Bodies such as: Institute of Chartered Mediators and Conciliators (ICMC), Chartered Institute of Arbitrators (CIArb Nigeria Branch), Nigerian Institute of Advanced Legal Studies (NIALS), Nigerian Bar Association Sections (NBA-SBL, NBA-SPIDEL) should develop standardized ADR-focused paralegal curriculum. 

9.5 Adoption of Community-Based ADR Centres 

States can establish community justice centres staffed by paralegals, similar to South Africa’s model. 

10.0 CASE STUDIES DEMONSTRATING THE POTENTIAL IMPACT OF PARAPROFESSIONAL SUPPORT 

10.1 Lagos Multi-Door Courthouse (LMDC) 

The LMDC has settled thousands of disputes since inception, but struggles with: Intake delays, Mediator shortages, High administrative workload, Paralegal integration could increase settlement rates significantly. 

10.2 National Industrial Court ADR Centre 

Labour disputes often require intensive documentation and case preparation. Paralegal support in document organization, research, and worker education could reduce delays and improve employer-employee settlement rates. 

10.3: Community Conflict Resolution in Kaduna and Benue 

Non-governmental paralegal programs in northern Nigeria have successfully mediated land and family disputes. Their success demonstrates the scalability of ADR paralegal support nationwide.

11. THE FUTURE OF ADR IN NIGERIA: A PARALEGAL-CENTRIC MODEL 

11.1 Hybrid ADR Models 

Nigeria is moving toward hybrid systems—arb-med, med-arb, early neutral evaluation, restorative justice. These models require substantial administrative support, reinforcing the need for trained paralegals. 

11.2 Artificial Intelligence and Digital ADR 

As AI expands, paralegals will handle: 

• Digital evidence preparation 
• Case analytics 
• Online scheduling 
• E-mediation support 

Thus, the future ADR ecosystem is tech-driven and paralegal-supported. 

11.3 Internationalization of Nigerian ADR 

Nigeria is increasingly becoming a hub for West African arbitration. As seen in Statoil Nigeria Ltd v. FIRS (2014) 52 TLRN 1, complex international disputes require well-structured arbitration support teams including paralegals. 

Community-Centered Justice Expansion: 

Paralegals will play frontline roles in: 

• Restorative justice programs 
• Customary-law ADR harmonization 
• Market and family mediation centres 

This expands ADR beyond commercial elites and urban centres. 

CONCLUSION

The future of ADR in Nigeria depends on structural reform that acknowledges the indispensable role of paralegals. In the face of rising litigation complexity, court delays, high costs, and limited access to justice, paralegal involvement is no longer optional—it is essential. 

To fully realize the potential of ADR, Nigeria must: 

• Regulate paralegal practice 
• Institutionalize their role in ADR mechanisms 
• Build structured training programs 
• Enhance community-based ADR centres 
• Integrate digital technologies and paralegal support 

If implemented, these measures will produce a more accessible, efficient, affordable, and sustainable dispute-resolution environment. Paralegals will become the backbone of a modern Nigerian ADR system capable of meeting both current needs and future demands.