Industrial conflict resolution using court-connected alternative dispute resolution

Abstract

Conflict is inevitable in any human relationship but the ability to resolve dispute and conflict amicably and expeditiously under the law is one of the distinguishing factors between a civilized society and a primitive one. The lack of an independent judiciary and well defined conflict resolution mechanism is a feature of a failed state and an indicator of under development. In any modern society, the court is vested with judicial powers. The traditional modus operandi is litigation which is essentially adversarial and confrontational. It is also bedevilled with inordinate delays, technicalities, procedural and evidential rules and high cost of litigation. Most times, justice is not served and this often led to distrust of the legal system on the part of the litigants who may resort to self-help or self-denial. The Alternative Dispute Resolution (ADR) mechanism was introduced into the Nigerian legal system in the quest for speedy and amicable resolution of conflict. The usefulness of ADR in the settlement of workplace related conflicts need not be over emphasised, as the whole world is inter connected and now a global village. Speedy resolution of conflict in industrial and commercial matters in any polity is a comparative advantage for such polity in international trade. This treatise shall look at the concept of court connected ADR in resolving conflict with special emphasis in the workplace, its usefulness, or otherwise practises in other jurisdictions and make appropriate recommendations.