MEDIATION AS AN EFFECTIVE LEGAL MECHANISM FOR RESOLVING EMPLOYMENT DISPUTES IN NIGERIA

Abstract

This article critically examines mediation as a legally recognized and practical mechanism for resolving employment disputes in Nigeria, drawing from the author’s doctoral research to explore its theoretical and practical dimensions. Employment disputes, such as wrongful termination, unpaid entitlements, and collective bargaining conflicts, are increasingly common in Nigeria’s evolving labour landscape, necessitating accessible, efficient, and fair resolution methods. While traditional litigation through the National Industrial Court of Nigeria (NICN) and the Industrial Arbitration Panel (IAP) offers redress, these processes are often delayed, adversarial, and costly, undermining industrial peace. Consequently, Alternative Dispute Resolution (ADR), particularly mediation, has gained global prominence for its confidentiality, cost-effectiveness, speed, and ability to preserve workplace relationships. The article evaluates Nigeria’s legal framework for mediation, including the Arbitration and Mediation Act 2023, Trade Disputes Act, and Labour Act, alongside the roles of institutional actors like the Ministry of Labour, NICN, and trade unions. Despite mediation’s advantages, its underutilization persists due to low awareness, weak institutional capacity, lack of enforcement mechanisms, and a litigation preference among lawyers. Using doctrinal, comparative, and socio-legal analysis, the article draws insights from successful mediation systems in Rwanda, South Africa, and Ghana, proposing reforms such as statutory enhancements, standing mediation panels, mediation clauses in employment contracts, and mediator training. The article argues that mainstreaming mediation in Nigeria’s employment dispute framework aligns with global best practices and is vital for fostering social justice, industrial harmony, and economic sustainability.