An Empirical Analysis of the Role of Alternative Dispute Resolution in Resolving Land Disputes in Rural Communities of Benue State

📖 ABSTRACT/OVERVIEW

Land disputes are among the most pervasive and socially disruptive conflicts in rural Benue State, North Central Nigeria, where overlapping customary land rights, boundary conflicts, and inheritance disputes create persistent litigation burdens on state courts and community relations. This study empirically analyses the role and effectiveness of alternative dispute resolution mechanisms, including community mediation councils, customary arbitration, and state-backed ADR centres, in resolving land disputes in three rural local government areas of Benue State. A mixed-methods design combining a survey of 120 ADR participants with qualitative interviews of 25 traditional rulers, customary court officials, and land law practitioners was adopted. Quantitative analysis coded ADR case characteristics, settlement rates, compliance with awards, and party satisfaction scores. Results indicate that customary arbitration achieved settlement rates of 78 percent for boundary disputes and 64 percent for inheritance disputes. Compliance with customary arbitration awards without subsequent court proceedings was 71 percent, significantly higher than formal court-mediated settlements. Party satisfaction was highest for customary arbitration, driven by cultural legitimacy, speed, and cost advantages. The study fills an empirical gap in ADR effectiveness research for rural Nigerian land disputes and concludes that formal ADR systems should be structured to complement rather than supplant customary mechanisms. Recommendations include statutory recognition of customary arbitration awards, ADR officer training for traditional rulers, and a Benue State Land Dispute Early Resolution Programme under the Ministry of Lands.

Keywords: alternative dispute resolution, land disputes, Benue State, customary arbitration, rural communities

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Departments# Business Law