Legal Transplant

The chapter delves into the Traditional African Method of Settling Disputes (TAMSD) or the indigenous method, which Westerners observed during the colonisation of African countries as a peaceful settlement; it was adopted and repackaged by these Westerners as Alternative/Appropriate Dispute Resolution (ADR), which has now become a legal transplant. However, the notion that ADR is an alternative to litigation is fictitious since ADR or TAMSD is considered the primary means of settling disputes from an African perspective. For the Africans, Litigation is viewed as an alternative. Today, ADR has been formalised into various units such as Arbitration, Mediation, Collaborative law, Ombuds, Negotiation, Conciliation, and Early Neutral Evaluation. This modernised ADR process entails confidential documentation and trained professionals who comprise the body of neutrals. Unlike traditional rulers who were illiterate, these professionals possessed the requisite skills and education to handle disputes. Therefore, it is crucial to comprehend ADR through the African lens since to most of them ADR connotes African Dispute Resolution.