The Legal Framework for Alternative Dispute Resolution in Academic Staff Union of Universities’ Trade Dispute: Challenges and Prospects.

Abstract:

This paper examines trade disputes arising from industrial actions taken by the ASUU in Nigeria with particular reference to ADR for the redress of these disputes and why ADR is relevant as an arbitral remedy to the treatment of such disputes. Applying the doctrinal research approach, it measures the prospects of ADR systems in relations to legal statutes like the Trade Disputes Act and case laws while comparing arbitration, mediation and conciliation as forms of ADR. It was established that ADR is a worthy approach as it comes bearing benefits like cost effectiveness compared to court proceedings, fast, and less hostility when compared to the parties in dispute. But this advancement is inadequate because its use in several context faces major barriers that include the autocratic power of the Minister of Labour, low observance by the relevant stakeholders, and poor support to enforce arbitral awards. The study then offers policy recommendations that seek to minimize the involvement of ministers while at the same time ensuring the award’s decisions are easily enforceable; as well as awareness creation programmes for all key players on ADR. These could completely change the face of industrial relations in the Nigerian academic sector especially when it comes to Asuu strikes which are very frequent hence disrupting learning. From adopting ADR mechanisms in management of labour disputes in Nigeria, there is an opportunity to minimize on the litigation and strikes in order to foster stability and growth of education sector in Nigeria.