scholarly journals Alternative Dispute Resolution and Collective Conciliation in Nigeria: A Review of Contemporary Literature

2017 ◽  
Vol 12 (8) ◽  
pp. 261
Author(s):  
Ige Adejoke Yemisi
Keyword(s):  
Dispute Resolution ◽  
Trade Union ◽  
Trade Unions ◽  
Alternative Dispute Resolution ◽  
Contemporary Literature ◽  
Employment Relations ◽  
Roles And Responsibilities ◽  
Contextual Understanding ◽  
Dispute Resolution Mechanism

The aim of this paper is to present detailed contextual understanding of employment relations, alternative dispute resolution (ADR) and collective conciliation in Nigeria. This contextual understanding is important in order to comprehend the specific evolution of ADR and collective conciliation in Nigeria, the particular configuration of employment relations institutions and the role of different stakeholders such as trade unions and employers’ associations. The outcomes of this study, affirms the significance of the roles and responsibilities of the actors (employer, trade union, state and conciliator) and highlights the procedures inherent in the dispute resolution mechanism hence, revealing how the weakness of state machinery tends to frustrate the process of conciliation in practice. Additionally, this study offers a reflection of what previous studies have presented, concerning the perceptions of users about the outcomes of collective conciliation within the Nigerian context.

scholarly journals DISPUTE RESOLUTION MECHANISM IN AN INDUSTRIAL RELATIONS IN MALAYSIA: A REVIEW

2020 ◽  
Vol 5 (19) ◽  
pp. 85-94
Author(s):  
Mumtaj Hassan ◽  
Marina Hj. Hashim
Keyword(s):  
Dispute Resolution ◽  
Trade Unions ◽  
Alternative Dispute Resolution ◽  
Industrial Relations ◽  
Legal Research ◽  
Legal Documents ◽  
Industrial Disputes ◽  
Fact Finding ◽  
Dispute Resolution Mechanism ◽  
The Way

Employers, employees, and trade unions are in reliance on each other. Any acrimonious between employers, employees, and trade unions exigently to be resolved to maintain a harmonious industrial relationship. The parties have the option either to resolve the said dispute through the mechanism of alternative dispute resolutions of the court of law. Therefore, the objective of this paper is to discuss the alternative dispute resolutions with particular reference to the Industrial Relations Act 1967. The methodology used in this paper is pure legal research and data is collected from decided cases, journals, legal documents, articles, and textbooks. The findings reveal that there are several alternative dispute resolution mechanisms as therein provided under the Industrial Relations Act 1967, viz conciliation, fact-finding, and investigation, as well as arbitration. Apart from the above said mechanism under the Industrial Relations Act 1967, industrial disputes can also be solved by the way of direct negotiation.

scholarly journals Mediation in Administrative Disputes

Law and World ◽  
2021 ◽  
Vol 7 (3) ◽  
pp. 141-151
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Council Of Europe ◽  
Legal Proceedings ◽  
Dispute Resolution Mechanism ◽  
Settlement Of Disputes

The role of mediation as mechanism for the amicable settlement of disputes is growing in the modern legal sector. Mediation is an alternative dispute resolution mechanism in modern law, and the Committee of Ministers of the Council of Europe recommended to use it in administrative disputes in 2001*. Mediation as the alternative dispute resolution mechanism is actively applied in civil disputes in Georgian legal sector, although it has not gained popularity in administrative disputes. Overwhelmed courts with administrative disputes and delayed justice once again underscores the need for reform, which may consider development of a new program to establish new mechanisms in administrative disputes and popularize application of new mechanisms. The use of mediation as an alternative dispute resolution mechanism in administrative-legal proceedings may have prospects, given its growing popularity in civil disputes and the methodology for resolving disputes amicably, although this requires judicial/legislative readiness. The goal of the study is to consider the perspective and possibility of using mediation in administrative disputes in order to demonstrate the need to use mediation as a mechanism.

Assessing the efficacy of forum selection agreements in Commonwealth Africa

2020 ◽  
Vol 7 (2) ◽  
pp. 1-40
Author(s):  
Theophilus Edwin Coleman
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Arbitral Tribunal ◽  
African Countries ◽  
The Subject ◽  
Dispute Resolution Mechanism ◽  
Domestic Support ◽  
Commercial Disputes

Any international commercial agreement has the potential to be the subject of a dispute. In resolving international commercial disputes, parties to a contract are at liberty to choose any dispute resolution mechanism that best serves and meets their commercial interests. Generally, parties to an international commercial contract may resort to courtroom litigation or choose an alternative dispute resolution (ADR) mechanism as a method of resolving their transnational disputes. Underlying almost every international commercial contract, therefore, is a very primary question about where, by whom and how the parties prefer their disputes to be litigated. The response to this question depends on whether parties prefer traditional courtroom litigation, or an ADR mechanism. In most instances, countries put in place dispute resolution regimes that seek to afford contracting parties the liberty to submit their disputes to a foreign forum or an arbitral tribunal for legal redress and/or a remedy. However, while the efficacy of resolving international disputes through arbitration has garnered immense international and domestic support, the submission of disputes by parties to a foreign forum through a forum selection agreement is regarded with much ambivalence in most countries. This article assesses the efficacy of forum selection agreements in Commonwealth Africa. It appraises the judicial approach of courts in Commonwealth African countries relative to the essence and effect of forum selection agreements. This article argues and calls for a higher degree of judicial commitment to the juridical choices of private individuals who are party to an international commercial contract, especially with regard to forum selection agreements.

9. Collective labour law

2019 ◽  
pp. 635-703
Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Legal Status ◽  
European Convention ◽  
Legal Rights ◽  
Employment Relations ◽  
Freedom Of Association ◽  
Labour Law ◽  
Gig Economy ◽  
The Law

This chapter considers the laws that affect trade unions and employment relations at a collective level, with the exception of strikes and other industrial action which are examined in Chapter 10. The chapter begins by considering the legal status of a trade union and the statutory concept of trade union independence. The applicability of trade union law to workers in the gig economy is also considered. The focus then shifts to the ways in which the law seeks to secure freedom of association, by provisions which protect and support union membership and activities including giving protection against discrimination and providing rights to time off for union duties and activities. The chapter then turns to the concept of recognition of unions for collective bargaining, and the legal rights that come with recognition. It also examines the statutory system for securing recognition. The relevance of the European Convention on Human Rights is considered throughout as are the changes made by the Trade Union Act 2016. The law relating to domestic and European works councils is also considered.

13. Justice in the Modern Administrative State

2018 ◽  
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Administrative State ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the role of a range of accountability methods to scrutinize the executive’s use of power. This includes the work of the Parliamentary Commissioner for Administration, who is now also known as the Parliamentary Ombudsman, the role of tribunals in contrast to courts, of public inquiries and of alternative dispute resolution mechanisms too. It also examines the limitations of each of these methods, and how they may complement each other to provide different forms of scrutiny.

From alternative dispute resolution to pluralist dispute resolution: towards an integrated dispute-resolution mechanism in China

2020 ◽  
Vol 16 (2) ◽  
pp. 165-180
Author(s):  
Zhiqiong June Wang ◽  
Jianfu Chen
Keyword(s):  
Social Control ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Careful Examination ◽  
National Strategy ◽  
Resolution System ◽  
Future Direction ◽  
Dispute Resolution Mechanism ◽  
Dispute Resolution System

AbstractSince 1978, we have observed the steady development of institutions, mechanisms and processes of dispute resolution in China. In the last ten years or so, we then noted frequent issuance of new rules and measures as well as revision of existing laws, the promotion of mediation as the preferred method for resolving disputes and, more recently, the promotion of an integrated dispute-resolution system as a national strategy for comprehensive social control (as well as for resolving disputes), in the name of reforming and strengthening ‘the Mechanism for Pluralist Dispute Resolution’. Careful examination of these latest developments suggests that fundamental changes are taking place that may potentially alter the course of the development of the Chinese dispute-resolution system. These developments are the focus of this paper with an aim to ascertain the nature of the developments and their future direction or directions.

Trade Union Ambivalence Toward Enforcement of Employment Standards as an Organizing Strategy

2016 ◽  
Vol 17 (1) ◽  
Author(s):  
Ingrid Landau ◽  
John Howe
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Ad Hoc ◽  
Minimum Standards ◽  
The Past ◽  
Union Movement ◽  
Employment Standards ◽  
Legislative Framework ◽  
Core Part

Trade unions in Australia have long played an important role in the enforcement of minimum employment standards. The legislative framework today continues to recognize this enforcement role, but in a way that is more individualistic and legalistic than in the past. At the same time that the law has evolved to emphasize the representation and servicing role of trade unions, the Australian union movement has sought to revitalize and grow through the adoption of an “organizing model” of unionism that emphasizes workplace-level activism. This Article explores how these seemingly opposing trends have manifested themselves in the enforcement-related activities of five trade unions. Considerable diversity was found among the unions in relation to the extent to which and how the unions performed enforcement-related activities. However, all five unions spent significant time and resources on monitoring and enforcing employer compliance with minimum standards and saw this work as a core part of what they do. The case studies suggest, however, that the way in which this work is undertaken within unions and by whom has changed significantly in recent decades. While there was evidence that enforcement work was used tactically by unions in certain cases, this was largely on an ad hoc basis and there was little indication that the enforcement work was integrated into broader organizing objectives and strategies. Overall, the unions were ambivalent, if not skeptical, as to the capacity for enforcement work to grow unions through building workplace activism and collective strength.

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