STRENGTHENING ALTERNATIVE DISPUTE RESOLUTION IN NIGERIA'S PUBLIC SERVICE: A LEGALAPPRAISAL OF MEDIATION IN EMPLOYMENT DISPUTE

Abstract

The rising frequency of employment disputes in Nigeria's public service—particularly involving critical sectors like health and education—highlights systemic weaknesses in the legal mechanisms for dispute resolution. Traditional adjudication often leads to prolonged litigation and industrial unrest, thereby disrupting essential services. This paper critically appraises mediation as an alternative dispute resolution (ADR) mechanism within the framework of Nigerian public sector labour law, with a focus on its legal structure, effectiveness, and enforceability. While statutes such as the Trade Disputes Act and the Labour Act make general provisions for dispute settlement, they fall short of codifying mediation as a binding and autonomous resolution tool. Recent legislative interventions, including the Arbitration and Mediation Act 2023, also fail to adequately address employment-related mediation, thus leaving a significant regulatory gap. This study adopts a doctrinal legal method, analysing statutory instruments, judicial decisions, and relevant international conventions—particularly ILO Conventions 87, 98, and 151. It further examines comparative models such as South Africa's Commission for Conciliation, Mediation and Arbitration (CCMA) and the United Kingdom's Advisory, Conciliation and Arbitration Service (ACAS). Findings reveal that the non-binding nature of mediated outcomes and lack of institutional oversight continue to weaken confidence in ADR within the public service. The paper proposes statutory reforms to embed mediation as a compulsory and enforceable stage in employment dispute resolution. Strengthening mediation frameworks will not only reduce industrial conflict but also promote public trust, institutional accountability, and legal compliance in Nigeria's governance structure.