THE LEGAL FRAMEWORK FOR ALTERNATIVE DISPUTE RESOLUTION IN ACADEMIC STAFF UNION OF UNIVERSITIES’ TRADE DISPUTE: CHALLENGES AND PROSPECTS
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Date
2024-12
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Lead City University, Ibadan
Abstract
The study, "The Legal Framework for Alternative Dispute Resolution in Academic Staff Union of Universities' Trade Dispute: with the Theme: Challenges and Prospects,” analyses the imperfection of the litigation system in the settlement of trade disputes prescriptive by the Academic Staff Union of Universities (ASUU) in Nigeria. Since conventional judicial processes take time, cost a lot of money and rarely produce positive results to all the parties involved, the study focuses on ADR procedures as effective means to solve disputes through arbitration and/or mediation and/or conciliation. An empirical legal research methodology with a doctrinal and qualitative emphasis was used, using case laws, statutes, journals, and opinions from experts. Evaluation of analytical content and statistical analysis of legislation such as the Trade Disputes Act and the National Industrial court regulations towards assessing the prospects of ADR in Nigeria legal system form a key part of this research. ASUU strike and litigation by the government prolong industrial action in so far as the institutions of students, staff, and the nation are concerned. Arbitration, in particular, is rather
expense-efficient, fast, and adaptable in comparison with traditional lawsuits, and relationships between parties are not harmed. However, ADR enjoys little popularity in
Nigerian industrial relations, has limited statutory support, and the minister has substantial control over awards. These include the following barriers: awareness, corruption, procedural and others. Therefore, the study established that ADR holds the potential of serving as an effective method of resolving ASUU related disputes and which is more effective, less hostile and fair as compared to the legal procedures. It stresses up the need for improving legal provisions of ADR, increasing recognition about ADR use and minimizing the intervention of ministers over it to address the issues of trust and its application. Such measures bet to change the Nigerians face of the conflict resolution, thereby enhancing industrial relation and stability of academics.
Keywords: Arbitration, Trade Union, Disputes, Enforcement, jurisdiction, litigation, Alternative
Word Count: 310
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Keywords
Arbitration, Trade Union, Disputes, Enforcement, jurisdiction, litigation, Alternative
Citation
Kate Turabia