ABSTRACT
It is a settled fact that disputes are intertwined with human existence as the continued interaction of one human being with another regardless of the scale of the interaction which very often results in friction and conflict. Given the inevitable nature of disputes, it is expected that disputes may arise in various areas in our daily lives. With reference to man’s efforts to finding solutions to the problems he faces, the world has evolved to the point where domestic, civil, commercial and economic disputes do not go on ad infinitum with litigation, the interference of a judicial institution is often preferred as the mechanism for the dispute resolution.
Concerns over cost and the general delays that come with litigation gave way for the birth of Alternative Dispute Resolution (ADR), a more flexible and faster way of resolving disputes. This is basically an alternative to court based litigation. The most known and practiced Alternative Dispute Resolution mechanisms in Nigeria are Arbitration, Mediation, Conciliation but for the purpose of this research, Negotiation and Litigation shall be explored. On the other hand, Restorative Justice is a system of criminal justice that focuses on the rehabilitation of offenders through reconciliation with the victims of their criminal actions as well as the society or community they belong to at large. It equally emphasizes repairing the harm caused by criminal behavior while Retributive Justice is a theory of justice which states that when an individual breaks the law, he should forfeit something in law as punishment for the errant act or omission. Hence, retributive justice is based on the principle that the defendant must give up something, which often sums up to his freedom, for the crime committed.
The main purpose of my research, is to bring to light how important and transformative the use of Restorative Justice and the use of Alternative Dispute Resolution would be to our Criminal Justice System in Nigeria. It stems to prove that in criminal justice, there should be a room for the crime to be strictly between the offender and the victim without the involvement of the state. The major types of Alternative Dispute Resolution that would be discussed in this research are; Arbitration, Mediation, Conciliation, Litigation and Negotiation.
Key words: Restorative Justice, Justice System, Mediation, Arbitration, Conciliation, Alternative Dispute Resolution.
