The Negotiation & Dispute Resolution Journal provides a forum for experts on Negotiation and Dispute Resolution from across the globe to share their experiences and knowledge twice in a year (January and July) with the general reader, colleagues, business executives, students and researchers. This issue, dedicated to the blessed memory of the late Chief Babatunde Abiodun Ibironke, SAN, former Director General of the Nigerian Law School is the first of its kind in Africa containing seven articles and three notes.

The first article is Critical Issues In Negotiation by Kevin N. Nwosu in which he identifies and explains some key negotiation concepts, principles and practices like "BATNA", "Negotiation Style" before enjoining practitioners to imbibe the virtues of a firm negotiator whom he describes as "principled, purposeful and professional in his approach to the bargaining process". The author examines in great details "Negotiation Strategies" which he describes as the overall game plan and classifies as ‘Competitive’ ‘(win-lose)’ ‘distributive’ strategy as opposed to ‘Problem Solving’ ‘(win-win)’ ‘integrative’ ‘collaborative’ strategy. He adopts the collaborative strategy for being ethical, logical and practical and implores negotiators to marry this strategy with a firm approach. He also itemises seven sources of power before listing nine negotiation tactics and tricks before explaining the negotiation process. He posits, "Negotiation is not just an event but a process which usually commences long before even most negotiators realise it."

John Di Frances of Di Frances & Associates, LLC Headquartered in Wales Milwuakee, USA, in Negotiate Like "The Gambler" To Win, uses the music of legendary Kenny Rogers to identify "three essential mental bridges that must be crossed well before you enter room to negotiate" as (i) Clarify the relationship (2) Clearly structure the outcome desired by both parties and (3) Determine your ‘walk away’ point. He insists that truth and candour are of paramount importance in building trust between the parties. He sees "negotiating as merely a more formalised variation of common marketplace bartering" full of give and take. John Di Frances gives a chart that provides a reminder for negotiating strategy whereby ‘Relationship’+/- characterises the relationship as strategically important and mutually beneficial or not while ‘Priority/Risk’+/- indicates the level of current and future priority and risk from high to low for any given issue. From the graphic visual reminder, relationship (+) with a high priority/risk issue (+) is worth holding out to achieve, whereas the same relationship (+) with a low priority/risk issue (-) is an opportunity to allow the other party to win on the issue. The author warns that negotiators should not talk openly about how much their companies would profit from a deal and never to gloat over an agreement but to celebrate a successful negotiation together.

Tom Sebok of University of Delaware comes with Preparing for Your Mediation, saying that "mediation helps people to resolve or manage disputes by reaching agreements about what both people will do differently in future". He starts with What Mediation Is Not and goes on to explain What Mediators Do before delving into What Mediators Don’t Do.

The author explains the process of mediation and enjoins mediators to seek mutual benefit and to be tactfully honest and understand the other person’s point of view. He explains Common Mistakes by mediators that must be avoided for smooth and successful mediation. He goes ahead to suggest What Works Better such as "I" statements and "open-ended" questions; use of neutral language; use of other options; following the ground rules; and a host of others.

Emmanuel Dike (a lawyer, an arbitrator and a neutral at the Lagos Multi-Door Court House) contributes Arbitration Practice and Procedure in the Settlement of Domestic Commercial Disputes in Nigeria, which he divides into two parts the first of which is "Arbitration Agreement" where he bemoans the inadequate arbitration clause usually found in most contracts for future disputes in Nigeria. He suggests solutions to this ad hoc arbitration clause and discusses the law applicable to arbitration as distinct from the law applicable to the substance of a case. In part two, which is on the Arbitration process, he traces the steps in getting an arbitration: from writing of Notice of Reference; Preliminary meeting; Challenge of an Arbitrator; Hearing; Award; Costs; Enforcement of Arbitral Awards to Setting aside an arbitral award. He gives some practice hints in arbitral proceedings.

Restricted Rights of Non-Lawyers and Foreigners to Practice Arbitration in Nigeria: Lawmaker’s Inadvertence of National Legal Policy is the title of the article by Andrew I. Chukwuemerie, a Mediator, Arbitrator, Lecturer, Legal Practitioner. The learned author acknowledges that in many countries, arbitration is still mainly a lawyer’s affair such that they constitute the highest single unit of professionals or tradesmen that are members. He examines the Nigerian legal framework that denies non-lawyers and foreigners the opportunity to represent parties in arbitral proceedings holding in Nigeria or under Nigerian law and calls for immediate reforms.

Chantal Epie of the Lagos Business School brilliantly presents Alternative Dispute Resolution: Understanding the Problem-Solving (Win-Win) Approach in Negotiations. She defines conflict from psychological, organisational and inter-organisational behaviour perspectives before examining conflict resolution strategies and their associated costs. She identifies Might, Right and Problem Solving as the three strategies to resolve conflict and enjoins individuals and groups to shun might for its violent nature; use right which however is beset with adversarial mindset but to embrace Problem-solving/Win-win/Collaborative/Integrative approach. She pities the curriculum of legal studies and the adversarial legal practice in Nigeria, which is centred on "waging and winning legal battles".

The author carefully explains the meaning and working of Win-Win Negotiation with very ample examples and enjoins lawyers to play the roles of "expert advisers", "moderators", "agents" and "mediators". Finally, she adumbrates on the win-win processes as consisting of planning, communicating, building common ground, generating and evaluating options and avoiding deadlocks before concluding that "…negotiation is a promising field of activity for legal practitioners."

Wole Obayomi, Barrister and Solicitor of the Supreme Court of Nigeria; Partner, KPMG Professional Services did a nice job titled Raising Standards in Litigation Management which highlights the chronic problems associated with litigation as a conflict resolution process. The learned author exposes the three stakeholders who have to work in tandem to raise the standards of litigation management as the Courts that operate the machinery of justice and the State, which provides the funds for their operation, litigants and their counsel.

He commends the classification of the High Courts in the Lagos State Judiciary according to subject matter and the recent establishment of the National Consultative Forum on Justice Sector Reform (NCFJSR) before suggesting a synergy of the government and the private sector for an effective transformation of the judicial system in Nigeria.

Also interesting are the Notes two of which are from Ed Brodow, a motivational speaker of repute, a negotiation guru and author of "Negotiate with Confidence" and "Beating the Success Trap". His Why Negotiators Live Longer is humorous but he asserts that scientific research has proved him right. His Ten Tips For Successful Negotiating is an invaluable piece.

Another note is Democracy and Conflict by Darren Kew, Associate Professor, University of Massachusetts and Member, Editorial Board of Negotiation and Dispute Resolution Journal. It answers Africa’s current nagging questions and is a must read for those who genuinely want to tackle contemporary internal and external conflicts in African communities and countries. The work adopts an illustration table curled out from http://www.freedomhouse.org/ratings/index.htm showing Political Freedoms in Africa to illustrate the stability or otherwise of 14 randomly chosen African countries from 1973 – 2002. He introduces the reader to countries that are "illiberal democracies", "free", "partly free" and "not free". You need to really see where Nigeria has been from 1973 to 1983 and where she is now!

There is glossary of internationally acceptable ADR terms. There are also news and events like Entry Course For Arbitrators from Chartered Institute of Arbitrators (UK), Nigeria Branch as well as ADR Pre-Certification Courses for interested members of the public wishing to be Chartered Arbitrators or to be accredited or certified as members of the Negotiation and Conflict Management Group (NCMG)/Centre for Effective Dispute Resolution (CEDR), England.

This maiden issue closes with a profile on Dr. Paul Obo Idornigie, vendor, advocate and practitioner of ADR.

Thanks.

LLOYD DURU, ESQ.

Associate Editor