CHALLENGES AND PROSPECTS IN RESOLVING EMPLOYMENT DISPUTES IN NIGERIA’S PUBLIC SECTOR THROUGH MEDIATION

Abstract

Employment disputes in Nigeria’s public sector have become increasingly frequent and disruptive, particularly within strategic sectors such as health and education. Disputes involving unions like the Nigerian Association of Resident Doctors (NARD) and the Academic Staff Union of Universities (ASUU) have demonstrated the persistent breakdown of negotiation processes and the weakness of existing dispute resolution mechanisms. While mediation is recognised in Nigeria’s labour law framework as an alternative to litigation, its practical application in public sector employment disputes remains limited, fragile and largely ineffective. This article critically examines the challenges inhibiting the effective use of mediation in resolving public sector employment disputes in Nigeria. The analysis identifies systemic gaps in the Trade Disputes Act and related institutional structures, including the absence of enforceable post-mediation settlement mechanisms, insufficient mediator expertise in labour relations, political interference, resource constraints and low stakeholder confidence. Drawing on comparative lessons from jurisdictions where mediation is formally institutionalized such as the Federal Mediation and Conciliation Service in the United States, the Advisory, Conciliation and Arbitration Service in the United Kingdom and the Commission for Conciliation, Mediation and Arbitration in South Africa,the article argues that mediation remains a viable and highly beneficial mechanism for promoting industrial peace in Nigeria. The paper concludes that mediation can only be effective if supported by statutory reform to ensure enforceability of agreements, establishment of an autonomous mediation agency, and structured capacity building for mediators and labour relations actors.