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Workplace conflicts between employees and employers, or even among colleagues, inevitably occur periodically. These disagreements often stem from various factors, such as simple misunderstandings, errors, poor communication, decision-making challenges, personal tensions, breaches of employment terms/law, violations of human rights, and more. Regardless of the specific causes, the repercussions of disputes are often detrimental to both employers and employees, entailing costs both in monetary and psychological terms. Dealing with disputes consumes time, disrupts lives and business activities, and is generally disadvantageous for all parties involved. Disputes are an undeniable aspect of work life, and while not all can be prevented, efforts can be made to settle them amicably, focusing on reducing their occurrence and mitigating their effects through alternation.
A more precise definition of alternative dispute resolution (ADR) entails the involvement of third parties in conciliation, mediation, and arbitration before resorting to court proceedings. ADR can be either judicial or non-judicial. Judicial ADR is linked to the court process, involving the appointment of a publicly funded specialist or a private expert before a court hearing or claim is made. Non-judicial ADR involves social partners in the workplace or the broader region, providing a channel for workers to resolve disputes with employers/employees through collective bargaining. The prime objective of any employment dispute resolution system should be to restore positive employment relations by effectively, efficiently, and fairly resolving disputes.
Nigeria has established a legal framework for employment dispute resolution, with the National Industrial Court (NIC) playing a crucial role. Mechanisms in Nigeria include arbitration, mediation, and adjudication through the National Industrial Court.
ARBITRATION
Arbitration is a prevalent method for resolving employment disputes in Nigeria. It is a formalized process where participants present legal arguments and evidence to an appointed arbitrator who issues a binding decision, called an “award.” The proceedings, including the award, are confidential. Arbitration is more formalized and follows a court-like procedure, with a specific process for selecting an arbitrator, often designated in the contract. The Arbitration and Mediation Act of 2023 governs arbitration proceedings in Nigeria.
MEDIATION
Mediation involves a neutral third party (mediator) assisting disputing parties in reaching a voluntary and mutually acceptable agreement. It is particularly useful in highly polarized disputes, fostering dialogue and trust between parties. The Labour Act of Nigeria recognizes mediation as a viable means of dispute resolution in labor matters.
CONCILIATION
Conciliation being one of the major modes of ADR adopted at the NICN is worthy of consideration. Conciliation is a process where independent individuals, selected by the parties, facilitate a settlement through a specific procedure. The role of the conciliator is facilitative, aiming to build positive relationships. The National Industrial Court of Nigeria Alternative Dispute Resolution (ADR) Centre employs mediation and/or conciliation techniques to assist parties in resolving their disputes.
NATIONAL INDUSTRIAL COURT
The NICN has established an ADR Centre within its premises to resolve disputes through mediation and/or conciliation. The ADR procedures are regulated by specific rules, and the Centre is court-connected, accepting matters formally filed in the NICN. The Centre encourages the resolution of disputes in a less costly, speedy, and efficient manner.
The ADR Centre aims to resolve disputes arising from labor, employment, industrial relations, and workplace issues. It uses mediation and/or conciliation to assist parties in reaching mutually acceptable agreements, contributing to industrial peace and economic development.
TYPES OF DISPUTES RESOLVED AT THE ADR CENTER
Disputes Between Employers and Employees
Disputes Arising from Health at Workplace
Disputes Arising from Safety at Workplace
Disputes Arising from the Welfare of Workers.
CONCLUSION
In addition to the NICN, workers in Nigeria can resort to Alternative Dispute Resolution (ADR) procedures, including mediation, conciliation, or arbitration, to settle labor disputes. The country has a comprehensive system for employment dispute resolution, considering the nature of the dispute and parties’ preferences when choosing a resolution mechanism. It is advisable to consult legal professionals and up-to-date legal resources for accurate information on employment dispute resolution mechanisms in Nigeria.
It will also not be out of place for employers to input ADR clauses in employment contracts on labor-related issues to foster cordial relationships between the employer and the employee.
Written by Ajibola Olaosebikan for The Trusted Advisors
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