




































  American International Journal of Business and Management Studies  

Vol. 2, No. 2; 2020 

ISSN 2641-4937     E-ISSN 2641-4953 

Published by American Center of Science and Education, USA 

 

28 
 

Effect of Alternative Dispute Resolution Dimensions on Employees’ 

Performance in Nigeria Work Organizations: A Theoretical 

Perspective 
 

 

 

Augustine Augustine Ele 

Department of Business Management 

Faculty of Management Sciences 

University of Calabar 

 Calabar- Nigeria 

P.M.B 1115 

E-mail: elenoble2000@yahoo.com 

 
 

Anono Vitien Auquasama 

Department of Business Management 

Faculty of Management Sciences 

Ebonyi State University, Abakaliki, Nigeria 

E-mail: anonoauqua@gmail.com 

 

 

Abstract 

This research work focused on the effect of alternative dispute resolution dimensions on employees’ performance in 

Nigeria work organizations using a theoretical perspective. The information was sourced from text books, journal 
articles and internet materials. The study revealed that alternative dispute resolution dimensions or mechanisms such 

as mediation, arbitration, facilitation, conciliation, negotiation, collaboration, compromise, mini-trial, expert 

determination, good governance and communication has a positive and significant effect on employees’ 

performance in Nigeria work organizations. It also found that alternative dispute resolution has a significant 

influence on employees ‘performance in the workplace. And there is also a substantial correlation between 

alternative dispute resolution and employees’ performance in Nigeria work organizations. The study recommended 

that management as well as administrators should adopt ADR mechanisms/dimensions in resolving disputes or 

conflicts among parties in Nigeria work organizations in order to reduce cost, save time or avoid delay and being 

fast in reaching a consensus agreement as well as compromise.  

 

Keywords: Alternative Dispute Resolution, Work Organizations, Disputes, Employees’ Performance, Nigeria. 

1. Introduction 

The origin of alternative dispute resolution (ADR) movement started in 1970 that was launched in United States 

when the American Bar Association sponsored the national conference on the causes of popular dissatisfaction with 

the administration of justice. And the conference concluded that the pressure on the congested legal system can be 

eased by using alternative forms of dispute resolution. It begins as a social movement to resolve community-wide 

civil rights disputes through mediation, arbitration and as a legal movement to address increased delay and expense 

in litigation arising from an overcrowded court system. The acronym ADR has become a strategic or fundamental 

concept of conflict resolution management strategy following this conference and ADR has grown rapidly and has 
evolvedfrom experimentation to institutionalization with the support of the American Bar Association, academics, 

courts, the U.S. Congress and state governments  (Onuorah, 2019). ADR help to fosters communication, creativity 

and cooperation, to resolve workplace conflict. Alternative dispute resolution approaches seek to involve the 

disputing parties in the resolution of their conflict, thereby increasing the probability that each of them will be more 

satisfied with the result than a situation in which a manager or a trial judge imposes a decision on the disputing 

parties (Onuorah, 2019). But individual differences possibly will cause misunderstanding and conflicts between 

individuals and groups in Nigeria work organizations due to disagreements in one opinions and interest. 

mailto:elenoble2000@yahoo.com


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ADR dimensions, measures or mechanisms are generally spawned or created and administered by the 

management of work organizations, in contrast to more traditional dispute resolution instruments that are either 

generated jointly by managers and union representatives under collective bargaining or imposed by government 

authority (Lipsky, Avgar & Lamare, 2017). The application of these ADR methods as well as practices also 

represents an explicit recognition by management of the organizational central role that conflict plays in the 

workplace, something that organizations are often reluctant to do. These developments, thus, represent a substantial 
shift in the way in which many work organizations have come to view and to deal with workplace disputes as well 

as conflicts situations (Lipsky et al, 2017). Dispute or conflict in today’s world is a continuous process and 

inevitable in every organization, and there is need to find out how to work out harmonious or agreeable resolution to 

it without letting it escalate (Oni-Ojo & Roland-Otaru, 2013). And this can be done successfully through the 

introduction as well as the application of alternative dispute resolution methods in settling disputes or conflicts 

among members and organizations in Nigeria. Disputes among workers in an organization is inevitable. If it is 

managed properly, it will bring catalyst for change and can have a positive effect on employee performance in 

organization. But if it is not managed properly it will negatively affects both employee satisfaction in addition to job 

performance (Onuorah, 2019). He further stated that the inability of managers to view and manage workplace 

disputes systematically has thus rendered conflict dysfunctional in many organizations. This is evidenced by the 

high occurrence of strike action, unhealthy competitive or conflict between and among sub-units and individuals 

within an organization, sabotage at workplace, slow work, labour turnover, absenteeism, lack of productivity, 
general inefficiency, high rate of industrial accident, low morale, withholding of vital knowledge and a host of 

others that are being perpetrated by workers in workplaces (Onuorah, 2019). Critical examples are the situational 

issues of academic staff union of universities (ASUU) strike action of 5th November, 2018, that lasted for 4 months, 

to February, 2019; NLC agitation on new minimum wage since 2018-2019, medical doctors’ strike action, another 

ASUU strike which started February, 2020 till date and other unions industrial actions in Nigeria.  

Thus, suitable methods to resolve dispute or conflict need to be addressed and employed in order to resolve 

conflicts and to produce a better and harmonious working environment. The ability to resolve conflicts successfully 

is probably one of the most vital social skills and conflict resolution that can be taught of like any other skills in 

which alternative dispute resolution dimensions or strategies are (Aiza, Morni, Bohari & Sahari, 2013). These 

dimensions or methods of alternative dispute resolution are mediation, arbitration, facilitation, conciliation, 

negotiation, collaboration, compromise, mini-trial, expert determination, good governance, and communication. The 
effects of dispute or conflict can either be positive or negative, even disastrous, depending on how one confronts it. 

Conflict can assist to raise and address problems, energizes work to be on the highest or best suitable issues as well 

as aiding people to learn how to gain benefits from their differences (Aiza, Morni, Bohari & Sahari, 2013; Ajike, 

Akinlabi, Magaji & Sonubi, 2015). Nwadike (2019) dispute or conflict management is the engine room of every 

organization, since it provides a level play-ground for inters and intra-organizational communication yielded 

towards firms’ productivity as well as employees’ performance. 

 

2. Statement of the Problem 

Disputes are primarily an inevitable and systemic part of human existence that cannot be ignored or avoided in 

Nigeria work organizations. Over the years or decades, litigation has been the traditional technique of settling 

disputes that have not given head way in the work organizations. This is because the increasing growth of slow and 

costly court proceedings have deterred many organizations as well as employers and investors from choosing 
litigation to resolve their disputes. In spite of the enormous promises of courts reforms, organizations, employees 

and employers are increasingly looking to alternative dispute resolution, particularly towards arbitration in resolving 

their internal and external disputes and conflicts in the work place. The processes of litigation has become more 

expensive, time consuming, challenging and cumbersome and increases in the number of courts cases that have 

created congestion and delays in their settlement. The differences and complexity of court litigation as well as 

jurisdiction tends to differ tremendously in the ADR approaches or mechanisms and methods in resolving disputes. 

These methods of arbitration, mediation, negotiation, conciliation, collaboration, compromise, mini-trial and expert 

determination have not be inculcated in detail in the management of disputes between managers and workers in the 

Nigeria work organizations. Increase in costs and delays in settling disputes has led disputants to prefer ADR as 

internal mechanism or strategy in the work organizations in which litigation has not profound sufficient solutions to 

disputes as well as conflicts situations. But today the dimensions or methods of ADR has been disdain and neglected 
in the settlement of disputes between individuals, groups and the organizations in Nigeria. The unwillingness of 

management to ADR mechanisms in resolving disputes in the Nigeria work organizations has also posed a 

challenge.  



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The processes of litigation has become more expensive, time consuming, challenging and cumbersome and 

increases in the number of courts cases that have created congestion and delays in their settlement. The differences 

and complexity of court litigation as well as jurisdiction tends to differ tremendously in the ADR approaches or 

mechanisms and methods in resolving disputes. These methods of arbitration, mediation, negotiation, facilitation, 

conciliation, collaboration, compromise, mini-trial and expert determination have not be inculcated in detail in the 

management of disputes between managers and workers in the Nigeria work organizations. Increase in costs and 
delays in settling disputes has led disputants to prefer ADR as internal mechanism or strategy in the work 

organizations in which litigation has not profound sufficient solutions to disputes as well as conflicts situations. But 

today the methods of ADR has been disdain and neglected in the settlement of disputes between individuals, groups 

and the organizations in Nigeria. The unwillingness of management to ADR dimensions or mechanisms in resolving 

disputes in Nigeria work organizations has also posed a challenge. Therefore, this study seeks to examine the effect 

of alternative dispute resolution dimensions on employees’ performance in Nigeria work organizations using a 

theoretical perspective. 

 

3. Theoretical Framework 

The theoretical framework of this research work was anchored on Frustration-Aggression theory of conflict. This 

theory was developed by John Dollard and his associates in 1939, and has been reformed or amended by other 

scholars such as Leonard Berkowitz (1962) and Aubrey Yates (1962). This theory appears to be the most common 
explanation for violent behaviour stemming from inability to fulfill needs. The theory used the psychological 

theories of motivation and behaviour as well as frustration and aggression. In an attempt to explain aggression to 

mean the difference between what people feel they want or deserve to what they actually get-the-want-get- ratio, and 

difference between expected need satisfaction and actual need satisfaction (David, 2006).  This implies that where 

expectation does not meet attainment, the tendency is for people to confront those they hold responsible for 

frustrating their ambitions. The main explanation that the frustration-aggression theory provides that aggression is 

not just undertaken as a natural reaction or instinct, but it is outcomes of frustration and that in a situation where the 

legitimate desires of an individual is denied either directly or by the indirect consequence of the way organization or 

society is structured, the feeling of disappointment may lead such a person to express his anger through violence that 

will be directed at those he/she holds responsible or people who are directly or indirectly related to them. 

The assumptions of this theory were that aggression arises as a result of depriving or blocking of people 
efforts in attaining their personal goals leading to frustration; that the occurrence of aggressive bahaviour always 

precedes or presupposes the existence of frustration and existence of frustration always leads to form of aggression; 

it also assume that frustration causes aggression, but when the source (s) of the frustration cannot be challenged, the 

aggression gets displaced onto an innocent target;  the theory also assume that while frustration prompts a behaviour 

or change in attitude that may or may not be aggressive, any aggressive behaviour is the direct result of frustration, 

making frustration not adequate or sufficient, but a necessary condition for aggression. This is to say that frustration 

creates a need to respond to, and some form of aggression is one possible outcome of frustration. 

In situations where feelings of frustration become widespread among the parties and the feeling is that 

people are getting less than they deserve, the most common advice is that government or political leaders can do is 

to find out what the expectations of such individuals and groups are and to seek ways of negotiating with them. 

However, in most situations, those in a position of authority believe that giving in to public demands or entering into 

negotiations is a sign of weakness, just in the cases of ASUU and federal government as well as NLC and federal 
government in Nigeria.However, a typical example of the manner in which frustration leads to aggression that in 

turn creates disputes can be seen in the ongoing crises in the Niger Delta area of Nigeria.  After waiting patiently 

and peacefully agitating for what the people of the region considered as a fair share of the oil wealth that is exploited 

from their land, youths now take the law into their own hands by vandalizing oil pipelines, kidnapping oil workers 

for large amount of money and generating problems for those they believe are responsible for their predicaments. 

The value of this theory in the study is that a particular frustration instigates aggression fundamentally 

against the expectations of the parties involved or the sources of frustration constituting the primary outcomes of 

aggression.  The ADR will assists to address the problems of individuals’ expectations denial by resolving disputes 

using the appropriate mechanisms of psychological motivational theories for frustration and aggression to be 

harmonized in a consensus manner in order to reach individual goals’ achievement or fulfillment in Nigeria work 

organizations. 
 

 

 

 



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4. Review of Related Literature 

4.1 The Concept of ADR 

Alternative dispute resolution is frequently used to define a wide variety of dispute resolution mechanisms that are 

small of, or alternative to, complete court processes. It also refer to the whole thing from facilitated settlement 

negotiations in which disputants are encouraged to negotiate directly with each other preceding to some other legal 

processes such as arbitration systems or mini-trials that have attributes of a courtroom process. ADR remains an 
enduring feature of the legal system in the society and as an adjunct to courtroom adjudication, that holds promise 

for an improved and qualitative access to justice for all citizens, while serving as an attractive feature for economic 

development (Uwazie, 2014). ADR refers to any means of settling disputes outside of the courtroom involving early 

neutral evaluation, negotiation, conciliation, mediation, and arbitration (Block, 2016). It all encompassing term 

which refers to multiple non-judicial methods of handling conflict between parties such as mediation, arbitration, 

neutral evaluation, negotiation, and conciliation (Block, 2016). 

Dispute is inevitable among humans or man be it at home, church or in organization, especially when there 

is an interaction between two or more individuals, groups or organizations, and  this is mainly caused by differences 

in individuals’ perception, goal, interest, ideas, feelings, values, etc., that conflict with each other affairs  (John-Eke   

& Akintokunbo, 2020). Disputes arises when there is a change in situations where change is seen as a threat to be 

confronted and efficient and effective management of disputes is fundamental to the development of any society, but 

the prevailing situations in Nigeria work organizations constitute a setback of this truth (Emerole & Ukah, 
2018).ADR is used normally use to denote procedures and mechanisms for conflict resolution that provide 

alternatives either to litigation or resort to administrative tribunals established under statute in such areas as equal 

opportunities and employment discrimination (Teague, Roche, Gormley & Currie, 2015). The adoption of ADR 

practices and conflict management systems is seen as a function of proactive and strategic decisions and not simply 

a reaction to external and internal pressures (Lipsky, Avgar, Lamare & Gupta, 2012; in Teague, Roche, Gormley &  

Currie, 2015). 

 

4.2 Conflicts in Nigeria Work Organizations 

Conflicts are inevitable part of organizational life since the goals of different shareholders such as managers as well 

as workers are often incompatible, and it is an unpleasant fact in any organization as far as people compete for jobs, 

resources, power, recognition and security (Hotepo et al, 2010). Organizational conflict can be regarded as a dispute 
that occurs when interests, goals or values of different individuals or groups are incompatible with each other 

(Henry, 2009; Hotepo et al, 2010). Conflicts or disputes are part of human nature and it is extremely essential to 

study it not only for theoretical purposes but also for organizational practice (Ikeda, Veludo-de-Oliveira & 

Campomar, 2005; in Hotepo, et al 2010). Conflict is one of the most significant threats to sustainable development 

in addition to poverty alleviation and world security (Oni-ojo & Roland-Otaru, 2013). They further stated that there 

is a close relationship between development and conflict. Conflict is a process in which one party suggests that its 

interests are being opposed by another party, and it is an inseparable part of people’s life as well as a perpetual gift 

of nature or life in the Nigeria work organizations (Omisore & Abiodun, 2014). 

Oni-Ojo and Roland-Otaru (2013) the conflict situations in Nigeria today particularly in Nigeria but also at 

the international scene. The devastating effects of these conflicts such as killings, agitations for resources control, 

kidnappings of innocent citizens and foreigners’ alike, political protest, destruction of lives and properties, ethnics 

and tribal violence have become a source of major concern to the government. Most of these conflicts arise as a 
result of social political, economic, religious, cultural, or ethnic and environmental differences. Conflict is a reality 

across organizational boundaries and affects individuals, groups and disciplines. Conflict can initiate productive 

change and vitality if well managed. The consequences of conflict will inevitably be determined by how well it is 

managed. If not properly managed, it may cause unquantifiable damage to the organizations (Ekwoaba, 2016).  Oni-

Ojo and Roland-Otaru (2013) there have been various cases of conflict in Nigeria since her independence in 1960. 

The Niger Delta crisis in Nigeria, for instance which started as some form of agitation for resource control has 

escalated to higher proportions. There are also other centers of tension in the country which began from very 

fundamental agitations. The net effect of disputes and conflicts in Nigeria and other African nations is the upsurge in 

insecurity which threatens human development. In organizations, there have been a lot of disputes, for instance, 

ASUU strikes, NLC strikes demanding for increased in salaries and wages, medical doctors strikes actions, and 

other unions’ industrials actions in Nigeria. 
 

4.3 The Process of ADR in the Nigeria Work Organizations 

ADR processes are utilized or applied to resolve disputes among employees or between employees and the 

organization (Oni-Ojo, Iyiola & Osibanjo, 2014). The process of ADR normally starts with general preparation for 



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the disputes to be settled. It involves consultations, invitations sent by management or managers to the appropriate 

parties involved the gathering of information through investigation, selection of date for the disputes to be settled or 

resolved. The appointment of the right caliber of participants is followed by a call for silence in the conference hall 

or office of the organization for effective and efficient resolution. Silence is the representation of the sanctity and 

dignity of the parties involved in the disputes (Natukunda-Togboa, 2017).  The process of ADR is also characterized 

by openness. It is usually conducted in the open as a means of ensuring that subsequent disputants in the 
organizations learn the process and value systems of the ADR. For instance, the process of resolving disputes 

between ASUU and the federal government.  And this is why junior workers are advice to listen and observe the 

seniors in the organizations in order to study the environment and its situations. The ADR seeks to promote the 

application of non-violent approaches to conflict management and dispute resolution.  

4.4 Measures or Dimensions of ADR in Nigeria Work Organizations 

ADR methods vary and their processes overlap each other but are all premeditated or planed as alternatives to 

litigation and also complement each other, which are the most generalpractice of ADR. The variety of ADR 

methodologies allows for adaptability to address issues between parties (Block, 2016). Theseapproaches include 

mediation, arbitration, conciliation, negotiation, collaboration, compromise, mini-trial, expert determination, good 

governance, communication, etc. The key factor is that all these methods are designed to assist the parties resolve 

their differences in a manner that is creative and most suited to the particular dispute. 

 

i. Mediation:  Mediation is an informal alternative to litigation. This is a collaborative process where a 

mediator works with the parties to come to a mutually agreeable solution (Findlaw, 2019). Mediation is 

usually non-binding. It is a significant method for resolving disputes between managers and workers in the 
work organizations. Mediation involves the use of a neutral third party (i.e., the mediator) to act as a 

facilitator of settlement discussions (Oni-Ojo, Iyiola & Osibanjo, 2014). A mediator does not decide the 

controversy, but guides negotiations and helps the parties to reach their own agreement. In a typical 

mediation, the parties personally participate in joint sessions and in private caucuses that the mediator holds 

with each party and its lawyer. Mediation generally involves a neutral third person to facilitate dispute 

resolution process. The case of Nigeria workers suggests that the introduction of in-house mediation can 

lead to a fundamental change in the way in which disputes are handled and conflict is managed and it also 

provides a number of important insights that inform our understanding of how such a change can occur 

(Osabiya, 2015).  He further stated that the origin of this system lies in the values of human resource 

managers who saw mediation as a means of improving employment relations and breaking down barriers 

between management and unions in Nigeria work organizations. Lipsky, Avgar and Lamare, (2017) argue 

that an organization use of either mediation or arbitration to resolve workplace disputes is a function of 
both its strategic approach to ADR and its commitment to the use of such practices. By distinguishing 

between an organization’s underlying strategic orientations and its commitment to ADR. 

 

ii. Arbitration: Arbitration is one of the oldest methods for the resolution of disputes between parties 

(Agarwal, 2001). This is a process similar to an informal trial where an impartial third party hears each side 

of a dispute and issues a decision; the parties may agree to have the decision be binding or non-binding. It 

is a simplified version of a trial involving limited discovery and simplified rules of evidence (Cornell Law 

School, 2019). The arbitration is leaded and decided by an arbitral panel. To make this panel, both parties 

must agree and select one arbitrator from each side, and the two arbitrators will select the third party. 

Arbitration hearings normally stays between a few days to a week, and the panel only meets for a few hours 

per day. The panel then deliberates and issues a written decision, or arbitral award. This method has long 
been used in labour relations, construction and securities regulation, but is now gaining popularity in other 

business disputes. For the first time in history of Nigeria that arbitration and other forms of ADR is given 

constitutional right and backing as a method of resolving disputes in the work organizations (Oddiri, 2004).  

She specifically stated that section 19(d) of the constitution of the Federal Republic of Nigeria (CFRN), 

provides for the resolution of disputes by arbitration, mediation, conciliation, negotiation and other 

mechanisms.  

  

iii. Facilitation: This is an informal process in which a third party (often someone familiar to the disputing 

parties, such as a manager) attempts to facilitate communication and the development of an interest-based 

resolution to the dispute. It involves the process when neutral third party enters into discussions with the 

parties in order to help the disputing parties resolve the disputes towards consensus agreement. In this 



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method, the facilitator focuses majorly on the salient issues or points to improve their chances of reaching 

an agreement or settlement. 

 

iv. Conciliation: This is an informal process in which a passive third party is positioned between the disputing 

parties to create a channel for communication. This is generally done by conveying messages between 

parties who are unwilling to meet face to face, to identify common interests and to eventually re-establish 
direct communication. Conciliation is the process by which one or more independent person(s) selected by 

the parties to an agreement generally by mutual consent, either at the time of making the agreement or 

subsequently when a dispute has arisen between them, to bring about a settlement of their dispute through 

consensus between the parties by employing various persuasive and other similar techniques (Agarwal, 

2001). This involves the process of having confidence and faith with the disputing parties. Conciliation is 

an effective means of alternative dispute resolution and can be usefully deployed for organizations, society 

as well as domestic disputes. 

 

v. Negotiation:  Negotiation is a process in which two or more parties hold discussionsin an attempt to 

develop agreement on matters of mutual concern and benefit (Oddiri, 2004). It can also be seen as a process 

through which multiple parties work together on the outcome of a dispute (Oni-Ojo, Iyiola & Osibanjo, 

2014).  According them, the main elements of negotiation include interdependence, perceived conflict, 
interaction, and agreement. Alternative dispute resolution (ADR) consists of a variety of methods to early 

intervention and dispute resolution. Negotiation allows the parties to meet face to face in order to settle the 

disputes and it also give them the opportunity to control the process and the resolution stages. Many of 

these methods include the use of a neutral individual such as a mediator who can assist disputing parties in 

resolving their disagreements. ADR increases the parties' opportunities to resolve disputes prior to or 

during the use of formal administrative procedures and litigation that can be very costly and time-

consuming. This is a voluntary and informal process by which the parties to a dispute reach a mutually 

acceptable agreement (Agarwal, 2001). This implies that the parties seek out the best options for each other 

which culminate in an agreement. At their option, the process may be private. In this process, they may or 

may not use counsels and there is no limit to the argument, evidence and interests, which may be 

canvassed.  

 

vi. Collaboration: This involves the process in which individuals directly confront disputes with favourable 

attitude that encourages solving the problem at hand as well as generating the best possible solution 

(Inyang, 2008). A win/win strategy based on problem solving where the interests of all parties can be met. 

This approach results in maintaining strong interpersonal or inter-group relationships, while ensuring that 

all parties achieve their interests. The win/win approach to dispute management is one in which the 

problem is viewed as external to the persons involved. The opposing parties collaborate to seek a high-

quality solution that meets their mutual needs while preserving their relationship. The collaborative 

approach to conflict is to manage it by maintaining interpersonal relationships and enduring that all parties 

to the conflict achieve their interests. This attitude toward conflict is one in which the individual acts not 

only on behalf of his or her self-interest, but on behalf of the other party’s interests as well. Upon 

recognizing that a conflict exists, the individual utilizes appropriate problem solving methods to resolve it. 
This is a win/win approach, in which the stance of both the parties toward conflict management is win/win. 

 

vii. Compromise: Compromise is an attempt to manage conflict by expecting each person to give up 

something. This is the mini-win/mini-lost strategy based on a solution that partially satisfies the interests of 

the parties involved. This approach results in the parties’ attempting to win as much as possible while 

preserving the interpersonal or inter-group relationships as much as possible. The compromise approach to 

conflict is to assume that a win/win solution is not possible and adopt a negotiating stance that involves a 

little bit of winning and a little bit of losing, with respect to both the interests and the relationships of the 

involved parties. Persuasion and manipulation dominate the style. The objective is to find some expedient, 

mutually acceptable solution that partially satisfies the interests of the parties involved. Through 

compromise, managers try to resolve disputes by convincing each party in the conflict to sacrifice some 
valuable objectives in order to gain others.   Decisions reached by compromise are not like to leave 

conflicting parties feeling frustrated or hostile (Anele, 2014). Management or employee having 

compromising style acts to serve as intermediary in concern with self and others, which means a reciprocal 

relationship to make a mutually acceptable decision (Abbas & Karage, 2015). 



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viii. Mini-Trial: The resolution of disputes through this alternative dispute resolution method is called mini-

trial. It is relatively a new tool for the resolution of disputes among workers and management in an 

organization (Agarwal, 2001). This is also called exchange of information. Mini-trial method is a form of 

evaluative mediation system, which is a non-binding ADR process that assists the parties to a dispute to 

gain a better understanding on the issues in the conflicts and it enables them to enter into negotiation of 
settlement on a more informal basis. It is intended to facilitate the exchange of information among 

members/parties to reach a settlement or agreement. Mini-trial is often meaningfully employed after 

negotiation has failed. 

 

ix. Expert determination:  This is a voluntary process in which a neutral third party or outsider, who is 

usually expert in the field in which the conflicts or disputes arises, and gives a binding determination on the 

issues in dispute. It is fast, less costly and private method of resolving disputes. ADR allows for more 

sensitivity towards cultural issues, as well as complete confidentiality of the proceedings in minimizing the 

publication of questions to claims of title and very real damage to valuation arising from litigation (Block, 

2016). Alternative dispute resolution allows interested parties to explore options, beyond traditional judicial 

intervention, to handle both local and global commercial and intellectual property disputes. 

 
x. Good governance: This method of ADR use the system of running the affairs of management and workers 

in positive and progressive manners that are beneficial to the management and the workers of the 

organizations, which will delivers the public goods. It is characterized by democratic system or 

participation in decision making, maintenance of law and policies and order, accountability and 

transparency, responsiveness on the part of the managers, due process, the management policies, 

competence, division of work, etc. good governance helps to defuse tensions and remove problems as they 

resolve disputes in the organizations (Natukunda-Togboa, 2017). Here, decision makers make the right 

decisions as at and when due.  

 

xi. Communication: This involves the process of sharing and exchanging information between individuals, 

groups and potential parties in settling a dispute situation. It also involves the process of interacting and 
relating with others, meaning that parties to a dispute situation still talk. This exchange and sharing of 

information can help to remove doubt, suspicion and contribute to the process of confidence building in 

peace keeping among workers and management in an organization. Communication is an essential 

elements of peace building and peace education. It relates to the presence and sharing of accurate 

information about a dispute or conflict situation, being able to discuss about feelings and concerns of 

parties, talking about what disputants would like to exchange and discussing the nature and type of dispute, 

touching on the positions, interests, needs and fears of parties involved. Here, communication assumed 

increased significance following the ASUU strike action of 5th November, 2018, that lasted for 4 months.  

The role of communication in conflict prevention and crisis management stems from the fact that most 

disputes as well as conflicts have to do with perceptions, assumptions, stereotypes and attitudes, which 

have been industrialized by disputant parties and others (Natukunda-Togboa, 2017). Wilson (2019) 

revealed that poor communication between individuals and groups, personality clashes, poor management 
policies, scarcity of resources, and non-implementation of service circulars, are the major causes of the 

conflicts in public hospitals of Port Harcourt, Rivers State. 

 

4.5 The Concept of Employees’ Performance 

Employees’ performance can be defined as an art of assessing an organization through measuring the output with the 

corresponding input equivalence (Nwadike, 2019). She further stated that continuous performance is the objective of 

any organization because only through this, can organizations grow and progress. Specifically, it has been argued 

that more emphasis needs to be placed on early responses to individual employment disputes and the increased use 

of alternative dispute resolution processes in order to increase employees’ performance in an organization (Osabiya, 

2015).Performance is a cornerstone of productivity and individual performance contributes to the accomplishment 

of organizational objectives. Performance is the function of ability in a multiplicative relationship with motivation, 
and the elements of performance consist of effectiveness, efficiency, economy, quality, productivity and behavioural 

performance. However performance can be seen as the way of job or task is done by an individual, a group or an 

organization to improve its corporate objectives. 

 



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4.6 Empirical Review 

Onuorah (2019) conducted a study on conflict management and organizational performance in Nigeria public 

organization in Anambra State.  The study was designed to examine the influence of collective bargaining and 

alternative dispute resolution on organizational performance in Anambra State teaching hospital. Survey research 

design was adopted in the study. The population was 1752. Sample size was 337 determined through the application 

of Borg and Gall (1973) statistical formula. Primary data were engaged using a structured questionnaire as the 
instrument for the study. The study adopted descriptive analysis of multiple regression analysis and correlation 

analysis using SPSS version 21 to test and analyze the data.  The study revealed that collective bargaining has a 

significant influence on organizational performance. Alternative dispute resolution has a significant effect on 

organizational performance. The study recommended that management should adopt collective bargaining in 

managing conflicts in their organization as they are found to be effective in managing conflicts in organization and 

management should also employ alternative dispute resolution management strategies in their policy formulation as 

that will ensure that conflicts that may occur within the organization are quickly resolved without disrupting the 

activities of the organization. The study concluded that conflict management has a positive significant effect on 

organizational performance in public organizations in Anambra State. 

Nwadike (2019) had a study on conflict management strategy and performance in the Nigerian Breweries 

Plc in South-East, Nigeria with particular reference to the Nigerian Breweries Plc in Onitsha, Owerri, Enugu and 

Aba. The objectives of the study were basically to investigate the effect of accommodating strategy, avoiding 
strategy, collaborating strategy and compromising strategy on organizational performance. The study adopted the 

survey research design. The population of the study was 1752 respondents of the Nigerian Breweries, Plc in the 

South-East zone of Nigeria. A sample of 337 respondents was drawn from the population using Borg and Gall 

(1973) formula, while the questionnaire response rate was 300(80.65%). The hypotheses were tested by the use of 

Pearson Moment Correlation Coefficient and Multiple Regression analysis through SPSS computer software version 

21. The study revealed that accommodating strategy had a significant positive effect on organizational performance 

of Brewery companies in Nigeria, and that avoiding strategy had a significant negative effect on organizational 

performance. The study also revealed that collaborating strategy had a significant positive effect on organizational 

performance, and that compromising strategy had a significant positive effect on organizational performance. The 

study recommended that management of organizations should adopt collective bargaining in managing conflicts in 

order to be effective in solving organizational problems, and that organizations should try to adopt an inclusive 
collaborating strategy in conflict management and at the same time strive to involve union leadership/employee 

representatives in vital decisions that affect the workforce. 

Ekwoaba (2016) had a study on conflict management in government hospitals in Mainland Local 

Government Area of Lagos State. A sample size of 100 respondents was randomly selected. The data obtained was 

analyzed using descriptive statistics such as frequencies, simple percentage with the used of statistical package for 

social sciences (SPSS) version 15. The study revealed that causes of conflict includes poor working conditions; poor 

government remuneration; non-fulfillment of promises by management and government; delay in payment of 

bonuses and allowances; inadequate medical facilities and infrastructures; disagreement between management and 

workers’ representative on management style and refusal of government to implement collective agreement. It is 

suggested that the negative effects of conflict can be addressed by adopting appropriate mechanisms, styles and 

strategies of collective agreement implementation; collaboration between management and workers representatives; 

prompt payment of salaries as well as joint decision making between management and employees.  
Osabiya (2015) conducted a study on conflict management and resolution in Nigeria public sector. The 

study adopted experimental survey design. Percentages and frequencies were used to analyze the responses collected 

from the respondents. The study adopted descriptive statistics. The population of the study was 170 employees. The 

study revealed that conflict can be resolved through compromise between the employees and management. That 

leadership styles adopted can also lead to conflict in theorganization. The study recommended that workers should 

be involved in decision-making process in Nigeria public service so as to reduce the rate of disputes or conflict. It 

was concluded that there should be effective communication network between the workers and the management.  

Wilson (2019) examined empirical analysis of the causes and effects of workplace conflicts in public 

hospitals in Rivers State, Nigeria, 2009-2014, using University of Port Harcourt Teaching Hospital (UPTH) and 

Braithwaite Memorial Hospital (BMH). The population was 240. The sample size was 224 respondents from the two 

hospitals. The data was presented using table with percentages of frequency. The study found that poor 
communication between individuals and groups, personality clashes, poor management policies, scarcity of 

resources, and non-implementation of service circulars, are the major causes of the conflicts in the public hospitals. 

The study also revealed that conflicts have a significant impact on the operations of the UPTH and BMH. The study 



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recommended that strategies should be adopted to reduce workplace conflict and enhance productivity in Rivers 

State public hospitals.  

Said, Mori, Bidrul, Ali, Yusof and Mat (2016) had a study on the relationship between workplace conflict 

and job performance using staff in Terengganu higher learning institution as a case study. The study adopted 

convenience sampling technique. The study adopted Pearson Correlation Coefficient and multiple regression 

analysis to test hypotheses. The study revealed that conflict in communication, organizational structure and 
personality affect job performance in an organization. The study also revealed that communication is the major 

factor that affect conflict and job performance. The study also showed that there was a moderate positive 

relationship existing between communication and job performance. The study recommended that the organization 

should increase their level of communication in order to reduce the conflict among employees so that employees can 

perform well in their jobs. 

Mayowa (2015) carried out a study on industrial conflict and its management strategies in selected 

manufacturing companies. The study revealed that the causes of conflict in manufacturing companies in Lagos State, 

Nigeria include poor means of communicating grievances to top managers, unfavorable economic and industrial 

policies, poor employee compensation and welfare among others. The study concluded that managers should 

combine strategies such as bargaining, collaboration and avoidance when dealing with industrial conflict to maintain 

cordial and productive labour-management relationship.  

Hotepo, ASokere, Abdul-Azeezand Ajemunigbohun(2010) had a study on empirical study of the effect of 
conflict on organizational performance in Nigeria. The study adopted cross-sectional survey research design and the 

population was 96 managers. The research revealed that limited resources is the major cause of conflict and that 

conflicts have both negative and positive effects on organization, but when managed properly, the positive effects 

can be used to encourage organizational innovativeness and build cooperation among the employees. The study also 

revealed that the most used means of managing conflict among managers in Nigerian service industry is bargaining, 

collaboration, and avoidance. And concluded that when conflicts are properly managed in organizations, it will lead 

to the attainment and achievement of organizational goals and objectives. 

 

5. Methodology 

The methodology of this research work was drawn on a theoretical-based approach by sourcing out information 

from journals, text books, internet materials, and other related sources of information. The study is also supported by 
experience and observation of the researchers on effect of alternative dispute resolution dimensions or methods on 

employees’ performance of Nigeria work organizations using a theoretical perspective. 

 

6. Discussion of Findings 

The study revealed that ADR has a positive and significant influence on employees’ performance in Nigeria work 

organizations, since conflicts or disputes are resolve without delay and wasting of time. The finding is supported 

with the findings of Onuorah (2019) which revealed that alternative dispute resolution has a significant effect on 

organizational performance, and advice that management should also employ alternative dispute resolution 

management strategies in their policy formulation as that will ensure that conflicts that may occur within the 

organization are quickly resolved without disrupting the activities of the organization. His study further revealed that 

collective bargaining has a significant influence on organizational performance. Ekwoaba (2016) also revealed that 

causes of conflict includes poor working conditions; poor government remuneration; non-fulfillment of promises by 
management and government; delay in payment of bonuses and allowances; inadequate medical facilities and 

infrastructures; disagreement between management and workers’ representative on management style and refusal of 

government to implement collective agreement. He advised that the negative effects of conflict can be addressed by 

adopting appropriate mechanisms, styles and strategies of collective agreement implementation; collaboration 

between management and workers representatives; prompt payment of salaries as well as joint decision making 

between management and employees.  

The study also revealed that the various ADR dimensions or methods such as mediation, arbitration, 

facilitation, conciliation, negotiation, collaboration, compromise, mini-trial, expert determination, good governance 

and communication has a positive and substantial effect on employees’ performance as well as the overall corporate 

performance of Nigeria work organizations.The result agreed with the findings of Nwadike (2019) which revealed 

that accommodating strategy had a significant positive effect on organizational performance of Brewery companies 
in Nigeria, and that avoiding strategy had a significant negative effect on organizational performance. She also 

found that collaborating strategy had a significant positive effect on organizational performance, and that 

compromising strategy had a significant positive effect on organizational performance.Wilson (2019) found that 



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37 
 

poor communication between individuals and groups, personality clashes, poor management policies, scarcity of 

resources, and non-implementation of service circulars, are the major causes of conflicts in the public hospitals.  

Hotepo, ASokere, Abdul-Azeez and Ajemunigbohun (2010) also revealed that limited resources is the 

major cause of conflict and that conflicts have both negative and positive effects on organization, but when managed 

properly, the positive effects can be used to encourage organizational innovativeness and build cooperation among 

the employees. They also revealed that the most used means of managing conflict among managers in Nigerian 
service industry is bargaining, collaboration, and avoidance. Mayowa (2015) revealed that the causes of conflict in 

manufacturing companies in Lagos State, Nigeria include poor means of communicating grievances to top 

managers, unfavorable economic and industrial policies, poor employee compensation and welfare among others. 

Osabiya (2015) revealed that conflict can be resolved through compromise between the employees and management. 

Said et al (2016) revealed that conflict in communication, organizational structure and personality affect job 

performance in an organization. They also revealed that communication is the major factor that affect conflict and 

job performance, and that there was a moderate positive relationship existing between communication and job 

performance.  

 

7. Implications of the study 

The study will contribute to effective resolution of disputes among parties with the implementation of ADR 

dimensions and its due process without delay and wasting of time. ADR dimensions or mechanisms such as 
mediation, arbitration, facilitation, conciliation, negotiation, collaboration, compromise, mini-trial, expert 

determination, good governance and communication have a significant effect on employees’ performance in Nigeria 

work organizations. Arbitration, mediation, communication, collaboration as well as negotiation have positive 

influence on employees’ relationship with management in the Nigeria work place. ADR methods or mechanisms 

help to enhance employees’ performance and productivity in the work organizations continuously. 

 

8. Conclusion 

The fact has been appropriately established in this study that ADR dimensions or mechanisms such as mediation, 

arbitration, facilitation, conciliation, negotiation, collaboration, compromise, mini-trial, expert determination, good 

governance and communication, if properly applied in the settlement of disputes among parties, will enhance 

employees’ performance/productivity as well as organizational performance. This is because, if organizations do no 

employ ADR methods in resolving conflicts between employees and management or among workers, employees’ 

performance and productivity may continue to decline.Therefore, the establishment of the National Industrial Court 

of Nigeria ADR Centre and its associated rules is seen as a welcome development and a positive departure from the 

previously regime of inflexible approach to disputes’ issues in Nigeria work organizations. ADR dimensions as well 
as mechanisms have long been incorporated in some advanced jurisdictions of the world and our country cannot be 

exempted, but it has existed long ago specifically in the traditional mode of dispute resolution. ADR is a proactive 

and corrective measure employed in the settlement of disputes and conflicts without litigation or outside the 

courtroom or systems in the Nigeria work organizations. ADR has a significant influence on organizational and 

employees’ performance in the Nigeria work organizations. The ADR mechanisms or methods such as arbitration, 

mediation, negotiation, collaboration, compromise, good governance, communication, facilitation, expert 

determination, mini-trial, etc. if applied appropriately would have significant effects on the peaceful existence of the 

Nigeria work organizations. ADR is a critical pillar for good governance, given its contributions and vital roles play 

in complementing formal legal systems in Nigeria by enhancing access to quick justice in terms of costs and time. 

The study also concluded that arbitration, mediation as well as negotiation have positive influence on employees’ 

relationship with management in the work place. 
 

9. Recommendations 

Based on the findings, the study recommended that: 

 Management as well as administrators should adopt ADR mechanisms/ dimensions in resolving disputes or 

conflicts among parties in Nigeria work organizations in order to reduce cost, save time or avoid delay and 

being fast in reaching a consensus agreement and compromise.  

 Management, mangers as well as expert should adopt the various mechanisms of ADR in resolving 

disputes between management and workers of the work organizations depending on the situation or 

circumstances, since there is no one best method in solving organizational conflicts and problems. 

 Management, managers as well as legal experts should adopt or apply the various ADR 

dimensions/mechanisms/methods based on the nature and type of the disputes in the organization, etc. 



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38 
 

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