ANALYSIS OF MEDIATION UNDER THE CHILD’S RIGHTS ACT:NIGERIAN RECENT DECISIONS AND COMPARATIVE PERSPECTIVES

The Best Interests of the Child is the governing principle in custody determination under the Child’s Rights Act of Nigeria. Increasingly, Nigerian courts and policy-makers recognise mediation as a child-centred, flexible and less adversarial method to resolve family disputes including custody and access while preserving judicial oversight and enforceability. This paper adopted doctrinal research method, examined the statutory and judicial framework for mediation in child custody matters under Nigerian law (with emphasis on the Child’s Rights Act and the Arbitration & Mediation Act 2023), analysed recent Nigerian court decisions that illustrate how courts treat custody claims and alternative dispute resolution, and compares select international developments. It was found that family disputes involving divorce and child custody represent some of the most emotionally charged litigations in Nigerian courts. While mediation offers significant benefits for resolving these sensitive matters, the role and duties of opposing counsels during the mediation process remain largely undefined, often undermining effectiveness. Recommended a comprehensive framework establishing specific duties for legal practitioners representing parties in family mediation, including obligations to encourage good faith participation, facilitate disclosure, and priorities child welfare and concluded operationalising mediation in custody cases (procedure, safeguards, and judicial practice directions) to ensure that mediation advances rather than undermines the child’s welfare.