ABSTRACT
Environmental degradations are the aftermath of human intrusion into nature. Disputes arise due to the impact of degradations that affect the ecosystem’s continuous functioning. Research has shown that most environmental conflicts are resolved through litigation with attendant drawbacks in achieving a resolution. Some drawbacks include legal technicalities, the time taken in litigation, the victim’s inability to discharge the evidential burden revolving around the issue of expert witnesses and the bad blood between the host community and the industries, etcetera. Due to these factors, victims of environmental pollution at times go without remedy. This study aims to offer insights on the effectiveness of Alternative Disputes Resolution mechanism in resolving environmental disputes. Alternative Disputes Resolution mechanism is considered a more dynamic tool than traditional litigation. Thus, this research argues that Alternative Disputes Resolution mechanism is effective for settlement of environmental dispute, rather than litigation, is a more viable way for victims to obtain relief. This study found that there are significant advantages of ADR outweighed traditional litigation, which is bedevilled with legal technicalities such as pre-action notice, locus standi, and limitation action, among others. The researcher is of the view that environmental disputes could be better resolved amicably and faster using ADR mechanisms. They, therefore, canvass for the institutional framework and recognition of the environmental ADR mechanism to resolve environmental disputes.
Keywords: Environmental, Degradation, Disputes, Litigation, Alternative Dispute Resolution (ADR).
