THE INTERNATIONAL JOURNAL OF BUSINESS & MANAGEMENT
ISSN 2321–8916
www.theijbm.com
THE INTERNATIONAL JOURNAL OF
BUSINESS & MANAGEMENT
The Role of Third-Party Intervention in Trade Dispute in
Nigeria: A Study of Selected Universities
Obialor, Donatus Chukwuemeka
Lecturer, Department of Business Management
University of Uyo, Uyo, Nigeria
Abstract:
The study investigated the role of third-party intervention in trade dispute. Litigation is one of the popular ways of
disputes settlements. Hence, there are other appropriate pragmatic and adaptive models of resolving disputes apart
from litigation, such as arbitration, mediation, and conciliation. The study examined the challenges before the third
party by way of conciliation, mediation and arbitration and conclude that motives of the third parties in disputes
resolution are to prevent disputes, resolve it if it has developed, or manage it from being dysfunctional. Again, the choice
of alternation/appropriate dispute resolution (ADR) model(s) to be employed depends on the peculiarities of the
disputes. A sample size of 631.7 was determined from a population of 2,021 employees using Taro Yamme’s approach.
Data obtained from pilot survey were committed to test of reliability using Cronbach alpha statistic and computed using
SPSS version 19 and the result reported a Cronbach alpha of 0.771. In analyzing the data, the descriptive statistics of
simple percentage, mean, Variance and Analysis of Variance (ANOVA) were adopted to answer the research questions
and test the hypotheses. To further this research, F- value was used to calculate the test statistics, treatment mean
square (TRMS), Error mean Square (EMS), and Treatment Sum of Squares (TRSS) at 5% significant level. The study
however concludes that the role of third Party and the resolution model(s) it uses have significant impact in dispute
resolution. Thus, recommended these model(s) in settling disputes because it is convenient, cheap, flexible, adaptive,
dignity-protecting, less time-consuming, friendly enhancing, among others. Immediate and remote causes of dispute
should be properly addressed and substantive effort should be made towards reducing disputes in the institutions
because of its negative consequences.
Keywords: Third party intervention, trade dispute, resolution, conciliation, mediation, arbitration
1. Introduction
Third party intervention is a typical response to destructive and persistent social conflict and comes in a number
of different forms. The strong correlation between poverty and employment is unquestionable, and these are mainly the
cause of most of the labour disputes (ILO, 1999). The importance of employment in the context of poverty stems from the
fact that the majority of people, particularly the poor, rely mainly on the use of their labour to earn their livelihood. The
Director-General of the International Labour Organization (ILO) would not have captioned the position any better way in
his exposition:
‘It is the world of work that holds the key to progressive and long-lasting eradication of poverty in that it is:
Through work that people are able to make choices to a better quality of life;
Through work that wealth is created, distributed and accumulated, and
Through work that people find a dignified way out of poverty’ ILO (1999).
It is on the premises of employment and decent work wages, conditions of workplace and forms of employment that
conflicts arise between employer and labour, and employers and employees’ unions.
The third party will be at rest, if employers and employees and the unions do the right things as stated in the regulatory
books. However, because somebody, somewhere wants to have much more than others, conflict will always arise, (Fisher
&Keashly, 1991). Third party, therefore is somebody who is selected or appointed by the parties or appointed by the
government to reconcile, mediate or arbitrate in a dispute involving two parties.
Third parties may be consultants, industrial arbitration courts, government agencies and other interested third
parties, (ILO, 2008). With this background, the study will look at the role of third party as conciliators, mediators and
arbitrators in trade disputes in Nigerian universities. The researcher’s interest in Nigerian Universities is as a result of
frequent disputes in the system and the ways these various disputes are resolved.
In every organization, interests abound, consisting of the employer’s interests and the employee’s interests, and
when these interests’ conflicts and the organization fails to manage them, disputes will subsequently arise. This trend has
been observed over the years in the Nigerian University System; hence a study of third-party mechanism in dispute
resolution and the roles played by the third party to achieve the desired goals will be helpful.
299
Vol 8 Issue 8
DOI No.: 10.24940/theijbm/2020/v8/i8/BM2008-061
August, 2020
THE INTERNATIONAL JOURNAL OF BUSINESS & MANAGEMENT
ISSN 2321–8916
www.theijbm.com
It is based upon the realization that employers enjoy greater social and economic power than individual workers.
The contract of employment is by nature imbalanced due to the fact that its content is largely determined by the employer
by virtue of his owing the means of production and this place him/her in a stronger bargaining position, (ILO, 2008).
As employees need work more than the employers, they tend to accept any terms and conditions offered to them even if
the work turns out to be exploitative. This is especially true of employees who enter the labour market without special
skills. The high unemployment rate facing most countries also leaves employees with very high choice but to accept
whatever is on offer.
As individuals, workers are unable to counteract management’s economic strengths. Remarking on this position,
Mr. Justice Taft, former President of the United States of America pointed out that labour unions were organized out of the
necessity of the situation. A single employee is helpless in dealing with an employer. He is dependent ordinarily on his
daily wage for the maintenance of himself and his family. If the employer refuses to pay him the wages that he thought fair,
he is nevertheless unable to leave the employment and to resist arbitrary and unfair treatment (ILO, 2008).
Nigerian Universities are public sector organizations in Nigeria with large labour force that has experienced
disputes, collective bargaining, resolutions and strikes of all sorts and so could offer a good case for considering the role of
the third party in dispute resolution through mediation, conciliation, arbitration or any other.
Grievances and disputes are an inevitable part of the employment relationship. Thus, the objective of public policy
is to manage conflict and promote sound labour relations by creating a system for the effective prevention and settlement
of labour disputes. (Teague, 2013).
In these Universities, it is inevitable that disagreements arise between workers and employers regarding issues
related to interests and rights (Teague; 2013). Thus, the term ‘dispute resolution’ has been described as ‘a process by
which two or more disputing parties improve their situation by cooperative action . . . (allowing) the parities to expand the
pie, or to prevent it from shrinking, giving each party a larger slice’ (Chandraskhan 1997).
1.1. Statement of the Problem
It is people that make up the various institutions and as such, interests may clash. But when they clash, how can
they be resolved so that the universities growth and employer’s prosperity be ensured? It is the challenge before the third
party by way of conciliation, mediation and arbitration of disputes among Nigerian universities.
Today in our universities, there have always been strikes and negative attendant consequences resulting in disagreements
among union executives and employees. The disagreements between employers and employees cause problems that often
lead to wrongful discharge or dismissal of employees, withdrawal of any concession or privilege and unnecessary
retrenchment of employees. Differences in opinion among employers and employees often encourage the grape vine which
destroys relationships. When disputes are resolved, problem solving workshops or systems are not created for the
effective prevention and settlement of future labour disputes.
There has not been a good medium of resolving these problems and even when there is one, parties involved may
not agree. The third party comes in by way of conciliation, mediation and arbitration. The question of which one does it
better is also a question that requires an answer. The problem before this study is therefore to investigate and find out the
impact of third-party intervention in the resolution of disputes in the selected Universities by way of mediation,
conciliation and arbitration.
1.2. Objectives of the Study
The purpose of this study is to look at the role of third-party intervention in trade disputes. Thus, the following
specific objectives are:
To find out if disputes are resolved mostly by Arbitration
To find out if disputes are resolved mostly by conciliation
To find out if disputes are resolved mostly by mediation
To find out if a joint use of arbitrators, conciliators, and mediators are more effective in dispute resolution than
individual applications.
1.3. Research Questions
The following research questions are asked to elicit responses to assist the study.
Is industrial dispute always resolved through arbitration?
Is industrial dispute always resolved through conciliation?
Is industrial dispute always resolved through mediation?
What is the joint role of arbitrators, conciliators and mediators in dispute resolution?
1.4. Research Hypotheses
The following null hypotheses are derived from the research questions.
HO1:
Arbitrators are not significantly effective in dispute resolution
HO2:
Conciliators do not significantly play effective role in dispute resolution.
HO3:
Mediators do not have significant role in dispute resolution.
HO4:
Arbitrators do not significantly enhance dispute resolution
300
Vol 8 Issue 8
DOI No.: 10.24940/theijbm/2020/v8/i8/BM2008-061
August, 2020
THE INTERNATIONAL JOURNAL OF BUSINESS & MANAGEMENT
ISSN 2321–8916
www.theijbm.com
2. Review of Related Literature
Figure 1: Conceptual Framework
Source: The Researcher’s Desk (2020)
2.1. Origen of Trade Dispute
Historically, Ubeku, (1975) and Johnson (2001), argue that the civil service unions came into existence in 1912;
other unions soon followed, and the trade union movement came into being. The general strike of 1915 was the turning
point. Although, the union was unsure of its role at the early stages of the 1940s, the improvement of conditions of service
for its members was its major assignment. Clearly, the personnel manager and his assistant who have not been trained in
handling union’s grievances could no longer cope. A full-time person had to be employed and so began the period of
human resources managers. At the initial stage, those who occupied these positions were expatriates, since there was no
qualified Nigerian to occupy these positions.
In general, Nigerians who had good education preferred their security and apparently rosier future of the civil
service. This was the position until the late 1950s (Johnson 2001).It can be seen from the above, that historically the
human resources function came to be recognized as machinery with which to pacify the union. Dispute has been defined as
a situation between two or more parities who see their perspectives as incompatible (Larry- Cohen, Rachel -Davis and
Manal 2006). However, the contract of employment is by nature unbalanced due to the fact that its contract is largely
determined by the employer by virtue of him owing the means of production.
2.2. The Rationale behind Dispute Resolution
In determining whether dispute resolution is appropriate, an important consideration is whether it results in a
better situation than if the dispute is allowed to take its natural course. Conflict is not always negative; it may be a
necessary stage in progress towards a better state of affairs. As noted by Brown, Marginson, and Walsh 2003, conflict is the
inevitable accompaniment of change. The challenge is therefore not to prevent conflict from arising, but to identify the
outcome of the conflict and the best ways to manage it.
It is also important to distinguish between the underlying causes of dispute/conflict and the symptoms of the
dispute. Sometimes a dispute may appear to have been resolved, when in fact only the manifestation of the dispute has
been removed. If the police break up a violent demonstration, for example, they are removing the manifestation of a
dispute between the demonstrators and the object of their demonstration, but the root causes of the conflict remain,
possibly to re-emerge at a later stage. To resolve a dispute properly, it is necessary to address the concerns of the
conflicting parties and seek solutions that will maximize the benefits to them in the long as well as the short term.
The term ‘dispute resolution’ has been described as ‘a process by which two or more disputing parties improve
their situation by cooperative action (allowing) the parties to expand the pie, or to prevent it from shrinking, giving each
party a larger slice’ (Chandraskhan 1997). This definition highlights the fact that dispute resolution aims to bring about
benefits for the parties. It does not simply mean the cessation of conflict; if it did, it could include war and litigation, but
war and litigation usually leave one, if not both parties, worse off. A common way of conceptualizing the process is to ask
whether the dispute is a ‘zero-sum game’, which creates the possibility of ‘win-win’ solutions in which both parties
gainoverall through collaborative effort (Chandraskhan 1997).
2.3. Arbitration
It is a dispute settlement model or technique in which the parties in dispute appoint dispute settlement expert(s)
referred to as arbitrator(s) to hear the party’s evidence and decide the dispute for them, based on the evidence weight(s)
and concessions of the parties. The parties retain control over the arbitration process. However, from outcome, the
arbitrator(s) have the power to give binding decision on the parties.
Actually, arbitration is based on the personal agreement of the parties, who can appoint or remove arbitrator(s)
and choose the arbitration venue (Nwakoby, 2007). By employing arbitration, the parities lose their ability to participate
directly in the process. In addition, parities in arbitration are confined by traditional legal remedies that do not encompass
creative, innovative or forward-looking solutions to business disputes.
301
Vol 8 Issue 8
DOI No.: 10.24940/theijbm/2020/v8/i8/BM2008-061
August, 2020
THE INTERNATIONAL JOURNAL OF BUSINESS & MANAGEMENT
ISSN 2321–8916
www.theijbm.com
Ultimately, the power of an arbitrator or panel of arbitrators is granted directly by the parties. By including contractual
arbitration clauses, parties are agreeing to the resolution of their disputes through a process that consists of very simple
proceedings, which are similar, but not equal to the traditional route of litigated settlements.
2.4. Mediation
This is a process whereby a third party known as a mediator is invited or allowed to intervene in facilitating the
settlement of the dispute, with the agreement of the parties in dispute. Mediation becomes very imperative when the
parties are emotionally attached to their perceived justified rights and benefits in the dispute, the objective and joint
search for settlement/solution is hampered. Essentially, the mediator should not suggest solutions to the parties but
rather facilities communication, promotes understanding and dialogue.
A mediator as well enhances problem-solving creativity of the parties towards reaching mutually agreed solution.
Thus, a mediator should not render personal opinions or decision. He is a neutral intervener (third party) who is only
interested in the peaceful resolution/settlement outcome of dispute. Mediatory process is very effective in settling dispute
when the mediator could resist or withstand pressures cum influence from interested parties (Mejida, 2007). A mediator
assists the parties in identifying and articulating their own interests, priorities, needs and wishes to each other. Mediation
is a ‘peaceful’ dispute resolution tool that is complementary to the existing court system and the practice of arbitration.
Mediation just like arbitration both promote the same ideals, such as access to justice, a prompt hearing, fair
outcomes and reduced congestion in the courts, however, is a voluntary and non-binding process (Mejida, 2007).The
mediation process is both informal and confidential. In contrast to arbitration and its relative rules of practice and
procedure, mediation is flexible in terms of evidence, procedure, and formality.
2.5. Conciliation
Conciliation is another dispute resolution process that involves building a positive relationship between the
parties of dispute. However, it is fundamentally different from mediation and arbitration in several respects. (Italian Civil
Code 2004 cited in ILO, 2008). Conciliation is distinguished from mediation with the following characteristics; a conciliator
may be government personnel, who may officiate with reference to government policy. Hence, a conciliator is expected to
work in compliance to regulating obligation or laws. Thus, conciliation is statutorily provided for as regards dispute
settlements. Again, a conciliator could make personnel opinions or suggestions for the parties. This later quality makes
conciliation a peculiar dispute resolution model for settling disputes.
When a dispute involves a large segment of the society that it carries a socio-political perception, a modified
conciliation known as Reconciliation is adopted. Here, a reconciliatory commission is instituted and managed by well
knowledgeable reconciliatory personnel. The aim is to assist aggrieved individuals and groups communicate their
grievances, seek compensation, or render forgiveness (Nnedum, Ezeokana and Egwu 2006). The ‘conciliator’ is an
impartial person that assists the parties by driving their negotiations and directing them towards a satisfactory agreement.
It is unlike arbitration in that conciliation is a much less adversarial proceeding; that seeks to identify a right that has been
violated and searches to find the optimal solution. (Nnedum, et ‘al 2006).
Conciliation tries to individualize the optimal solution and direct parties towards a satisfactory common
agreement. Although this sounds strikingly similar to mediation, there are important differences between the two
methods of dispute resolution. In conciliation, the conciliator plays a relatively direct role in the actual resolution of a
dispute and even advises the parties on certain solutions by making proposals for settlement. The conciliator, not the
parties, often develops and proposes the terms of settlement. The parties come to the conciliator seeking guidance and the
parties make decisions about proposals made by conciliators. In this regard, the role of a conciliator is distinct from the
role of a mediator.
3. Methodology
The study employed the survey research design in examining the role of Third-Party Intervention in Trade
Dispute in Nigeria. The instruments of questionnaire, observations, and interviews were used for employees in the
selected study institutions. The population figure of 2,021 was obtained from three study institutions from the South East,
Nigeria. A sample size of 631.7 was determined for the study using Taro Yammeh’s approach. The purposive sampling
method was also adopted in the study since some subjects were fit for the research compared to other individuals.
The validity of the instrument was done by showing the instrument to Management research experts for their
inputs and by making sure that the items in the instrument were strictly based on the research questions. The use of pilot
study was adopted for determination of the reliability of the research instrument. The essence was to determine
consistency in responses. Data obtained from pilot survey were committed to test of reliability using Cronbach alpha
statistic and computed using SPSS version 19. The result reported a Cronbach alpha of 0.771, the instrument was therefore
confirmed reliable. For the data analysis, the descriptive statistics of simple percentage, mean, Variance and Analysis of
Variance (ANOVA) were adopted to answer the research questions and test the hypotheses. To further this research, Fvalue was used to calculate the test statistics, treatment mean square (TRMS), Error mean Square (EMS), and Treatment
Sum of Squares (TRSS) to enable the study draw conclusion of whether to accept or to reject the null or alternative
hypotheses at 5% significant level.
In computing the percentage distribution, the mean score was used in measuring the degree of agreement. The
mean attitude score is defined as the sum of scores of all respondents on a given item on the scale divided by the number
of respondents. The means scores were determined by assigning values as;
Strongly agree=5, Agree=4, Undecided=3, Disagree=2, and Strongly disagree=1.
302
Vol 8 Issue 8
DOI No.: 10.24940/theijbm/2020/v8/i8/BM2008-061
August, 2020
THE INTERNATIONAL JOURNAL OF BUSINESS & MANAGEMENT
ISSN 2321–8916
www.theijbm.com
4. Data Presentation and Analysis
This section presents the analysis of the data on the role of third-party intervention in trade dispute in Nigeria.
The 632 copies of questionnaires were distributed to the employees in the three study institutions out of which only 564
were validly returned. This represented a total of 89% responses. The Abia State University Uturu Okigwe topped the
responses with a total of 388 representing 69%. The Federal University of Technology, Owerri with 92 responses
representing 16% and the Imo State University Owerri with 84 responses representing 15% out of the entire responses.
In analyzing the role of third-party intervention in trade dispute in Nigeria as the case study. Questions in the
questionnaires were analyzed using the simple percentage approach. The hypothesis was tested with analysis of variance
at 5% significant level
RESPONSES
FUTO
IMSU
ABSU
TOTAL
%TOTAL
Strong
Agreement
Agreement
Disagreement
Strong
Disagreement
Total
26
20
40
86
15
%AGGR
TOTAL
15
46
12
8
40
18
6
308
22
18
394
52
32
70
9
6
70
9
6
92
84
388
564
100
Table 1: Conciliators Significantly Play Effective Role in Dispute Resolution
Source: Field Survey, 2020
100
The above table indicated that 394 respondents agreed that conciliators significantly play effective role in dispute
resolution, 86 respondents representing 15% strong agreement, 52 respondents representing 9% disagreement and 32
representing 6% were in strong disagreement.
RESPONSES
FUTO
IMSU
ABSU
TOTAL
%TOTAL
Strong
Agreement
Agreement
Disagreement
Strong
Disagreement
Total
22
14
30
66
12
% AGGR
TOTAL
12
62
8
2
48
13
9
299
43
18
405
64
29
72
11
5
72
11
5
84
388
564
100
Table 2: Conciliators Play Major Role in Dispute Resolution
Source: Field Survey, 2020
100
92
The analysis of the above table showed that a total of 405 respondents representing 72% agreed that conciliators
play major role in dispute resolution in Nigeria, 66 representing 12% strongly agree, 64 representing 11% disagreed while
29 representing 5% strong disagreement.
RESPONSES
FUTO
IMSU
ABSU
TOTAL
%TOTAL
Strong
Agreement
Agreement
Disagreement
Strong
Disagreement
Total
5
7
9
21
4
% AGGR
TOTAL
4
15
51
21
13
36
28
17
271
93
45
356
142
8
63
25
8
63
25
92
84
388
564
100
Table 3: Third Parties’ Solution are Limited and Cannot Resolve All the Disputes
Source: Field Survey, 2020
100
The above table was used in analyzing the research question, third parties’ solutions are limited and cannot
resolve all the disputes. The analysis of the above table indicated that total of 356 respondents disagreed that third parties’
solutions are limited and cannot resolve all the disputes in Nigeria. A total of 142 respondents representing 25% were in
strong disagreements while 45 respondents representing 8% agreed and 21 respondents representing 4% indicated a
strong agreement.
303
Vol 8 Issue 8
DOI No.: 10.24940/theijbm/2020/v8/i8/BM2008-061
August, 2020
THE INTERNATIONAL JOURNAL OF BUSINESS & MANAGEMENT
RESPONSES
FUTO
IMSU
ABSU
ISSN 2321–8916
TOTAL
www.theijbm.com
%TOTAL
% AGGR
TOTAL
15
76
7
2
Strong Agreement
27
15
40
82
15
Agreement
54
56
318
428
76
Disagreement
8
11
22
417
7
Strong
3
2
8
13
2
Disagreement
Total
92
84
388
564
100
100
Table 4: Joint Use of Mediators and Conciliators are More Effective in Dispute Resolution than
Individual Applications
Source: Field Survey, 2020
The above table was used to analyze the research objective. The analysis of the table above indicated that a total of
428 respondents representing 76% agreed with the research objective while 82 respondents representing 15% strongly
agreed. On the aggregate a total of 54 respondents representing 7% or (41) were in disagreement while 13 or (2%)
representing strongly disagreed.
RESPONSES
FUTO
IMSU
ABSU
TOTAL
%TOTAL
Strong
2
6
27
35
6
Agreement
Agreement
8
12
31
51
9
Disagreement
46
59
297
387
69
Strong
36
22
33
91
16
Disagreement
Total
92
84
388
564
100
Table 5: Conciliators Communicate Effectively to Distressed Parties than Mediators
Source: Field Survey, 2020
% AGGR
TOTAL
6
9
69
16
100
The above table was used to analyze the question ‘Conciliators communicate effectively to distressed parties than
Mediators’. The analysis of the table above indicated that a total of 387 respondents disagreed that conciliators
communicate effectively to distressed parties than mediators, while 91 or (16%) respondents strongly disagreed. On the
aggregate a total of 86 respondents representing 9% agreement and 65 were in strong agreement.
RESPONSES
FUTO
Strong Agreement
Agreement
Disagreement
Strong Disagreement
Total
42
39
9
2
92
IMSU
ABSU
TOTAL
44
302
388
25
66
130
11
14
34
4
6
12
84
388
564
Table 6: Disputes Are Mostly Resolved by Mediation
Source: Field Survey, 2020
%TOTAL
69
23
6
2
100
%AGGR
TOTAL
92
6
2
100
The analysis of the table above that was used to analyze the research objectives in the questionnaire, indicated
that a total of 388 respondents strongly agree that disputes are mostly resolved by mediation, while 130 respondents
agreed. On the aggregate a total of 46 respondents representing 6% disagreement and 25 strong disagreement. The 92%
strong agreement indicated an agreement that dispute is mostly resolved by mediation.
RESPONSES
Strong Agreement
Agreement
Disagreement
Strong Disagreement
Total
304
Vol 8 Issue 8
FUTO
IMSU
ABSU
TOTAL
%TOTAL
49
50
278
377
67
35
21
92
148
26
6
9
11
26
5
2
4
7
13
2
92
84
388
564
100
Table 7: Mediatory Roles Are Very Effective in Dispute Resolution
Source: Field Survey, 2020
DOI No.: 10.24940/theijbm/2020/v8/i8/BM2008-061
% AGGR
TOTAL
93
5
2
100
August, 2020
THE INTERNATIONAL JOURNAL OF BUSINESS & MANAGEMENT
ISSN 2321–8916
www.theijbm.com
The table above analyzed the statement that mediatory roles are very effective in dispute resolution. The analysis
of the statement showed that 377 and 148 represents 67% and 26% agreement. On the aggregate a total of 39
respondents represented 5% disagreement while 2% strongly disagreed.
RESPONSES
FUTO
IMSU
ABSU
TOTAL
%TOTAL
Strong
Agreement
Agreement
Disagreement
Strong
Disagreement
Total
47
49
323
419
74
38
6
1
25
7
3
47
12
6
110
25
10
20
4
2
94
4
2
100
100
92
84
388
564
Table 8: Disputes Are Mostly Resolved by Arbitration
Source: Field Survey, 2020
% AGGR
TOTAL
The analysis of the table above indicated that a total of 419 respondents strongly agree that disputes are mostly
resolved by arbitration while 110 agreed. On the aggregate a total of 35 respondents representing 4% were in
disagreement while 2% strongly disagreed. On the basis of the acceptance region formulated, the 94% indicated a strong
agreement of the respondents on the research statement: disputes are mostly resolved by arbitration. This statement was
further tested using ANOVA to verify the authenticity of the statement.
RESPONSES
FUTO
IMSU
ABSU
TOTAL
%TOTAL
% AGGR
TOTAL
Strong
Agreement
Agreement
Disagreement
Strong
Disagreement
Total
20
16
61
97
17
68
3
1
57
7
4
307
13
7
432
23
12
77
4
2
94
4
2
92
84
388
564
100
Table 9: Disputes Are Better Resolved by Arbitration and Mediation
Source: Field Survey, 2020
100
The table above analyzed the statement ‘Disputes are better resolved by arbitration and mediation’. The analysis
of the statement showed that 432 and 97 respondents representing 77% and 17%, aggregating 94% were in agreement
that disputes are better resolved by arbitration and mediation. However, 35 respondents representing 4% and 2% were in
disagreement and strong disagreement respectively. The 94% agreement indicated an agreement that disputes are better
resolved by arbitration and mediation.
RESPONSES
FUTO
IMSU
ABSU
TOTAL
%TOTAL
Strong
Agreement
Agreement
Disagreement
Strong
Disagreement
Total
27
19
74
120
21
55
7
3
49
11
5
276
27
11
380
45
19
67
8
4
92
84
388
564
100
Table 10: Mediators Have Significant Role in the Resolution of Disputes
Source: Field Survey, 2020
% AGGR
TOTAL
88
8
4
100
The above table was used in analyzing the research question that mediators have significant role in the resolution
of disputes. The analysis of the table above indicated that an aggregate total of 500 respondents representing 88%
strongly agree with the statement, while 45 and 19 respondents representing 12% were in disagreement. On the basis of
the acceptance region formulated, the 88% indicated a strong agreement by the respondents.
305
Vol 8 Issue 8
DOI No.: 10.24940/theijbm/2020/v8/i8/BM2008-061
August, 2020
THE INTERNATIONAL JOURNAL OF BUSINESS & MANAGEMENT
ISSN 2321–8916
www.theijbm.com
RESPONSES
FUTO
IMSU
ABSU
TOTAL
%TOTAL
Strong Agreement
Agreement
Disagreement
Strong
Disagreement
Total
54
30
5
3
46
26
7
5
295
54
29
11
394
110
41
19
70
20
7
3
92
84
388
564
100
Table 11: Arbitrators Are Effective in Dispute Resolution
Source: Field Survey, 2020
% AGGR
TOTAL
90
7
3
100
The table above was used in analyzing the research statement: arbitrators are effective in dispute resolution. The
analysis of the table above indicated that a total of 394 respondents strongly agree that the role of conciliators, mediators
and arbitrators are effective in dispute resolution while 110 agreed. On the aggregate, a total of 60 respondents
representing 7% were in disagreement while 5% strongly disagreed. On the basis of the acceptance region formulated, the
90% indicated a strong agreement of the respondents on the research statement, arbitrators are effective in dispute
resolution.
RESPONSES
FUTO
IMSU
ABSU
TOTAL
%TOTAL
Strong
Agreement
Agreement
Disagreement
Strong
Disagreement
Total
1
2
7
10
2
3
26
62
5
18
59
9
47
325
17
91
446
3
6
79
92
84
388
564
100
Table 12: Disputing Parties Do Not Accept the Proposals of Mediators
Source: Field Survey, 2020
% AGGR
TOTAL
5
6
89
100
The analysis of the table above was carried out using the research statement, disputing parties do not accept the
proposals of mediators. The table showed that a total of 446 respondents strongly disagreed with the statement while 91
respondents merely disagreed. On the aggregate a total of 537 respondents representing 95% were in strong
disagreement. However, 17 and 10 respondents representing 3% and 2% respectively were in agreement on the basis of
acceptance region formulated, the 95% indicated a strong disagreement by the respondents on the research statement
that disputing parties do not accept the proposal of mediators.
4.1. Test of Hypotheses
The hypotheses are to be tested to find out their validity or otherwise and thus determine if significant differences
occur in the statement to enable the researcher draw a conclusion.
4.1.1. Test of Hypothesis One
Ho1:
The role of arbitrators is not significantly effective in dispute resolution.
H 1:
Arbitrators are significantly effective in dispute resolution.
This hypothesis was tested with the responses from table 4
306
RESPONSES
FUTO
IMSU
ABSU
TOTAL
%TOTAL
Strong Agreement
Agreement
Disagreement
Strong
Disagreement
Total
27
54
8
3
15
56
11
2
40
318
22
8
82
428
417
13
15
76
7
2
91
7
2
84
388
564
Table 13: Observed Frequency Table 1
Source: Table 4
100
100
Vol 8 Issue 8
92
DOI No.: 10.24940/theijbm/2020/v8/i8/BM2008-061
% AGGR
TOTAL
August, 2020
THE INTERNATIONAL JOURNAL OF BUSINESS & MANAGEMENT
ISSN 2321–8916
www.theijbm.com
RESPONSES
FUTO
IMSU
ABSU
Strong Agreement
27
15
40
Agreement
54
56
318
Disagreement
8
11
22
Strong Disagreement
3
2
8
FX
92
84
388
X
23
21
97
EX2
8464
7056
150544
Table 14: Contingency Table for Testing Hypothesis One
Source: Table 4
564
141
166064
When n=12
TSS
=
=
(Ex)2
Ex2- n
166064 -
(564)2
=
166064 -
318096
12
TRSS
=
=
=
ESS
Fcal
=
=
=
12
166064 – 26508= 139.556
n1x12+n2x22+n3x32
-(EX)2
n
4(23)2+4(212)+(972) - (564)2
n
41516-26508= 15008
TSS-TRSS
139556-15008= 124.548
SOURCES OF
VARIATION
Treatment
Error
DFGREE OF
FREEDOM
(r-1) 2
(n-r) 12-3=9
Total
11
=
TRMS =
EMS
From F. table F2, 9.0.025 =4.26
MS
F-VALUE
(TRSS) 15008
(TSS-TRSS) 124548
7504
ESS
n-1-11.003
139556
Table 15
7504
11.322 =
662.78
4.1.1.1. Decision
Since F- calculated which is 662.78 is greater than F- table which is 4.26, reject the null hypothesis and accept the
alternative, concluding that arbitrators are significantly effective in dispute resolution, this means that third party
intervention by way of arbitration in dispute resolution is effective.
4.1.2. Test of Hypothesis Two
HO2:
Conciliators do not significantly play effective role in dispute resolution
H12:
Conciliators significantly play effective role in dispute resolution
The hypotheses were tested with the responses from table .1
307
RESPONSES
FUTO
IMSU
ABSU
TOTAL
%TOTAL
Strong Agreement
Agreement
Disagreement
Strong
Disagreement
Total
32
40
12
8
14
46
18
6
40
308
22
18
86
394
52
32
15
70
9
6
85
9
6
84
388
564
Table 16: Observed Frequency Table 2
Source: Table 1
100
100
Vol 8 Issue 8
92
DOI No.: 10.24940/theijbm/2020/v8/i8/BM2008-061
% AGGR
TOTAL
August, 2020
THE INTERNATIONAL JOURNAL OF BUSINESS & MANAGEMENT
RESPONSES
Strong Agreement
Agreement
Disagreement
Strong Disagreement
FX
X
EX2
ISSN 2321–8916
www.theijbm.com
FUTO
IMSU
ABSU
32
14
40
40
46
308
12
18
22
8
6
18
92
84
388
23
21
97
8464
7056
150544
Table 17: Contingency Table for testing hypothesis 2
Source: Table. 1
564
141
166064
When n =12
TSS
=
=
(Ex)2
Ex2- n
166064 -
(564)2
=
166064 -
318096
=
166064-26508 = 139.556
=
n1x12+n2x22+n3x32
=
4(23)2+4(212)+(972) -
=
=
=
41516-26508= 15008
TSS-TRSS
139556-15008= 124.548
12
12
TRSS
ESS
Fcal
(EX)2
n
(564)2
n
SOURCES OF
VARIATION
Treatment
Error
DFGREE OF
FREEDOM
(r-1) 2
(n-r) 12 – 3=9
Total
11
=
TRMS =
EMS
From F. table F2, 9.0.025=4.26
7504
11.322 =
MS
F-VALUE
(TRSS) 15008
(TSS-TRSS) 124548
7504
ESS
n-1-11.322
139556
Table 18
662.78
4.1.2.1. Decision
Since F-calculated which is 662.78 is greater than F-table 4.26, reject null hypothesis and accept the alternative
and conclude that conciliators significantly play effective role in dispute resolution in our universities.
4.1.3. Test of Hypothesis Three
HO3:
Mediators do not have significant role in the dispute resolution
H13:
Mediators have significant role in the dispute resolution
The hypothesis was tested with the responses from table .10
308
RESPONSES
FUTO
IMSU
ABSU
TOTAL
%TOTAL
Strong Agreement
Agreement
Disagreement
Strong
Disagreement
Total
27
55
7
3
19
49
11
5
74
276
27
11
120
380
45
19
21
67
8
4
88
8
4
92
84
564
100
100
Vol 8 Issue 8
388
Table 19
Source: 4.10
DOI No.: 10.24940/theijbm/2020/v8/i8/BM2008-061
% AGGR
TOTAL
August, 2020
THE INTERNATIONAL JOURNAL OF BUSINESS & MANAGEMENT
RESPONSES
Strong Agreement
Agreement
Disagreement
Strong Disagreement
FX
X
EX2
ISSN 2321–8916
www.theijbm.com
FUTO
IMSU
ABSU
27
19
74
55
49
276
7
11
27
3
5
11
92
84
388
23
21
97
8464
7056
150544
Table 20: Contingency Table for Testing Hypothesis 3
Source: Table .4
564
141
166064
When n=12
TSS
=
=
(Ex)2
Ex2- n
166064 -
=
166064-26508 = 139.556
=
n1x12+n2x22+n3x32
=
4(23)2+4(212)+(972) -
=
=
=
41516-26508= 15008
TSS-TRSS
139556-15008= 124.548
(564)2
12
TRSS
ESS
(EX)2
n
(564)2
n
SOURCES OF
VARIATION
Treatment
Error
DFGREE OF
FREEDOM
(r-1) 2
(n-r) 12-3=9
Total
11
Fcal
=
TRMS =
EMS
11.322 =
From F. table F2, 9.0.025 =
MS
F-VALUE
(TRSS) 15008
(TSS-TRSS) 124548
7504
ESS
n-1-11.322
139556
Table 21
7504
662.78
4.26
4.1.3.1. Decision
Since F-calculated which is 662.78 is greater than observed F-table 4.26, reject null hypothesis and accept the
alternative and conclude that mediators have significant role in the disputes resolution.
4.1.4. Test of Hypothesis Four
H04:
Arbitrators do not significantly enhance dispute resolution
H14:
Arbitrators significantly enhance dispute resolution
The hypotheses were tested with the responses from table .9
309
RESPONSES
FUTO
IMSU
ABSU
TOTAL
%TOTAL
Strong Agreement
Agreement
Disagreement
Strong
Disagreement
TOTAL
20
68
3
1
16
57
7
4
61
307
13
7
97
432
23
12
17
77
4
2
94
4
2
92
84
564
100
100
Vol 8 Issue 8
388
Table 22
Source: 4.9
DOI No.: 10.24940/theijbm/2020/v8/i8/BM2008-061
% AGGR
TOTAL
August, 2020
THE INTERNATIONAL JOURNAL OF BUSINESS & MANAGEMENT
RESPONSES
Strong Agreement
Agreement
Disagreement
Strong Disagreement
FX
X
EX2
ISSN 2321–8916
www.theijbm.com
FUTO
IMSU
ABSU
20
16
61
68
57
307
3
7
13
1
4
7
92
84
388
23
21
97
8464
7056
150544
Table 23: Contingency Table for Testing Hypothesis 4
Source: Table .9
564
141
166064
When n=12
TSS
TRSS
=
=
(Ex)2
Ex2- n
166064 -
=
=
139.556
n1x12+n2x22+n3x32
(564)2
12
=
-(EX)2
n
4(23)2+4(212)+(972) -(564)2
=
=
=
=
15008
TSS-TRSS
139556-15008
124.548
n
ESS
Fcal
SOURCES OF
VARIATION
Treatment
Error
DFGREE OF
FREEDOM
(r-1) 2
(n-r) 12-3=9
Total
11
=
TRMS =
EMS
From F. table F2, 9.0.025 =4.26
7504
11.322 =
MS
F-VALUE
(TRSS) 15008
(TSS-TRSS) 124548
7504
ESS
n-1-11.322
139556
Table 24
662.78
4.1.4.1. Decision
Since F-calculatedis greater than F-table, we reject the null hypothesis and accept the alternative hypothesis
which states that ‘Arbitration significantly enhance dispute resolution.
Using the percentage distribution approach, the research statement having scored 94% which falls between 75%-100%
for strong agreement also confirmed a strong positive agreement that arbitrators significantly enhance dispute resolution.
5. Discussion and Findings
The first research question analyzed was ‘the role of conciliators in dispute resolution’. Table 4 was used in
interpreting the findings. A total of 510 respondents or (91%) out of the 564 respondents were in agreement. 41 or (7%)
disagreed and 13 (2%) strongly disagreed. A further analysis using the percentage distribution approach revealed that
91% which falls between 75%-100% for strong positive agreement confirmed the roles of conciliators in dispute
resolution. A further test of the hypothesis with analysis of variance (ANOVA) at 5% indicated that Fcal at 0.025 = 662.78
is greater than F- table 4.26 at 5% significant level, thus confirming the result of the role of conciliators in dispute
resolution. The responses gathered from table .1 showed that conciliators significantly play effective role in dispute
resolution.
The analysis of the response in table .1 indicated that 480 or (85%) respondents were in agreement that
conciliators significantly play effective role in dispute resolution, 52 or (95) agreed and 32 or (6%) disagreed, while 32 or
(65) were in strong disagreement.
The mean value which was 141 also was within an acceptance region. To further confirm the result, the analysis of
variance (ANOVA) was used to find out that F-cal 662.78 was greater than F-table 4.26 at 5% level of significance, thus
necessitating the acceptance of the alternative hypothesis which state ‘conciliators significantly play effective role in
dispute resolution’. The researcher’s findings based on the responses on table.1 and table.4 shows strong agreement with
the work of Fisher (2001) that conciliators significantly play effective role in dispute resolution.
310
Vol 8 Issue 8
DOI No.: 10.24940/theijbm/2020/v8/i8/BM2008-061
August, 2020
THE INTERNATIONAL JOURNAL OF BUSINESS & MANAGEMENT
ISSN 2321–8916
www.theijbm.com
Table.10 demonstrated that the mediators have significant role in the resolution of disputes in Nigeria. The
hypothesis was confirmed through an agreement of 500 or (88%), disagreement 45 or (8%) and strong disagreement 19
or (4%). The result of the hypothesis tested showed that F-cal = 662.78. Since the F-cal at 0.025 = 662.78 is greater than Ftable 4.26 at 5% significant level, the research thus reject the null hypothesis and accept the alternative hypothesis which
states that mediators have significant role in the resolution of hypothesis which states that mediators have significant role
in the resolution of disputes in Nigeria. The responses in table 10 are in agreement with the work of Nwankwo et’ al
(2012).
The result of table 9 showed that arbitration significantly enhances dispute resolution. A total number of 529
respondents representing 94% were in affirmative, 23 or (4%) disagreed and 12 or (2%) in strong disagreement. The Fcal
at 0.025=662.78 is greater than Ftable 4.26 at 5% significant level, necessitating the rejection of the null hypothesis and
acceptance of the alternative hypothesis which states ‘arbitrators significantly enhance dispute resolution. The responses
in table.9 are in agreement with the work of Felix Steffek and Hannes Unberath (2010).
6. Recommendations
On the basis of the research findings, the researcher recommends the following:
Disputes should be resolved as quickly as possible and should not be allowed to linger for a very long period of
time.
The immediate and remote causes of dispute should be properly addressed.
During the course of dispute resolution, the resolution body should create an atmosphere whereby the disputing
parties should be free to air their views.
Substantive effort should be made towards reducing disputes in the institutions because of its negative
consequences
Effort should be made to ensure that dispute should not be dysfunctional
7. References
i. Brown, W, Marginson, P. and Walsh J (2003). The management of pay as the influence of collective bargaining
diminishes, in P. Edwards (ed), Industrial Relations; Theory and Practice 2nd edn. Oxford: Blackwell.
ii. Chandraskhan (1997). The nature of conflict: Conceptual framework for conflict resolution.
iii. Felix. S and Hannes. U (2010) in Co-operation with Hazel Genn, Reinhard Greger and Carrie Menkel-Meadow.
iv. Regulating Dispute Resolution, ADR and Access to Justice at the Crossroads, first edition.
v. Fisher, R. J and L. Keashly (1991). The potential complementarity of mediation and consulation with a
contingency model of third-party intervention. Journal of Peace research, 28:29-42.
vi. Fisher R. J (2001). Interactive conflict resolution, Syracuse, NY: Syracuse
University Press.
vii. ILO (1999) Decent work/report of the Director-General of the ILO international Labour Conference, 97 Sesses.
viii. ILO, (2000), ‘Your Right at Work’. A global report under the follow-up to the declaration on fundamental Right
at Work.
ix. ILO, Geneva (2008). Dialogue working paper No. 48
x. Larry Cohen, MSW, Rachel D, and Manal (2006). Conflict Resolution and Violence Prevention from
Misunderstanding to Understanding. http://www. Preventioninstitute.org/pdf/conflict.pdf2006
xi. Mejida, M.M (2007). The Bassa and Egbura Conflict: Challenges to democratic government Journal Arts and
xii. Humanities. Vol 4, No. 4, P.15 Uyo, AkwaIbom State, International Research and Development Institute.
xiii. Nnedum, O.A.U., Ezeokana, O.J., and Ugwu, J.U (2006).Stigmatization of ethic identities, traumatization and
conflict in Nigeria. Nigerian Journal of Management and Social Sciences. Vol. 3, No.1, pp.74-75.Facultyof
Management and Social Scieneces; Abakaliki, Nigeria.
xiv. Nwakoby, G.C. (2007), The choice of place arbitration: the issue of applicable law UNIZIK Law Journal, Vol. 6,
No.1, Awaka, Nigeria: Igke ventures production, Faculty of Law, Nnamdi Azikiwe University, Awka,
xv. Anambra State, Nigeria.
xvi. Nwankwo, D.O.M, Obikeze. N, and Akam G.U. (2012). Alternative/Appropriate dispute resolution (ADR). The
psychological facilitators, Research Journal in Organization Psychology and Educational Studies 1(2) 83-89.
xvii. Teague P. (2013) ‘Resolving workplace disputes in Ireland. The role of the Labour Relations Commission,
DIALOGUE working paper No. 48 (ILO Geneva).
xviii. Ubeku, A.K. (1975, 2004), Personal Management in Ireland. The Publishing Corporation, Benin.
311
Vol 8 Issue 8
DOI No.: 10.24940/theijbm/2020/v8/i8/BM2008-061
August, 2020
THE INTERNATIONAL JOURNAL OF BUSINESS & MANAGEMENT
ISSN 2321–8916
www.theijbm.com
Appendix
S,NO
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Q.6
5
5
5
4
5
4
5
5
4
5
5
5
4
4
5
4
5
5
5
4
5
5
3
4
5
5
5
4
4
5
Q.D
4
4
5
4
4
4
1
1
2
1
1
5
4
2
4
2
4
2
2
1
1
5
4
1
3
3
4
4
4
4
Q.8
5
5
5
5
5
5
4
5
5
4
5
3
4
5
4
3
5
4
4
5
3
4
5
4
4
5
5
4
3
5
Q.9
5
4
5
5
4
4
5
4
2
4
5
5
4
2
1
1
4
4
2
4
2
4
2
1
2
3
4
4
4
4
Q.10
3
5
5
5
5
4
1
1
4
1
1
5
2
5
2
2
4
2
1
1
5
1
1
2
2
5
1
5
4
4
Q.11
4
5
5
5
4
5
3
5
4
5
5
4
4
5
5
5
4
5
4
5
2
4
4
4
5
4
4
4
2
5
Q.12 Q.13
4
5
5
5
5
3
4
5
5
4
5
4
5
5
5
3
5
4
4
4
5
5
3
4
4
3
5
2
4
2
3
3
5
4
4
5
4
5
5
4
3
4
4
5
5
4
4
5
4
3
5
4
5
4
4
4
3
5
5
5
Table 25
Q.14
4
5
5
5
5
5
5
5
5
5
5
4
5
4
5
4
5
4
4
4
4
5
4
4
5
5
5
4
4
5
Q.15
4
5
4
4
4
3
4
4
4
4
5
4
5
4
5
4
5
4
4
4
3
5
4
4
5
4
5
4
5
4
Q.16
3
5
5
4
4
5
3
5
4
5
5
4
4
5
5
5
4
5
4
5
2
4
4
4
5
4
4
4
2
5
Q.17
4
5
5
5
5
5
5
5
5
4
5
3
4
5
4
3
5
4
4
5
3
4
5
4
4
5
5
4
3
5
Q.18
5
5
5
5
5
5
5
5
5
5
5
4
5
4
5
4
5
4
4
4
4
5
4
4
5
5
5
4
4
5
Q.19
4
5
5
4
5
5
5
5
5
4
5
3
4
4
4
3
5
4
4
5
3
4
5
4
4
5
5
4
3
5
Q.20
51
5
5
5
5
5
5
5
5
5
5
4
5
4
5
4
5
4
5
4
5
4
4
4
5
5
5
4
4
5
GET DATA/TYPE=XLS
/FILE=‘C/Users/360’/Desktop/donates.xis’
/SHEET=name ‘Sheet2’
/CELLRANGE=FULL
/READNAMES=on
/ASSUMEDSTRWIDTH=32767.
DATASET NAME DataSetl WINDOW=FRONT.
RELIABILITY
/VARIABLES=Q.6 Q.7 Q.8 Q.9 Q.10 Q.11 Q.12 Q.13 Q.14 Q.15 Q.16 Q.17 Q.18 Q.19 Q.20
/SCALE (‘ALL VARIABLS’) ALL/MODEL=ALPHA
Reliability:
{DataSetl}
Scale: ALL VARIABLES
N
%
Cases Valid
30
100.0
Excluded
0
0
Total
30
100.0
Table 26: Case Processing Summary
a. Listwise Deletion Based on All
Variables in the Procedure
Cronbach’s Alpha
N of items
771
15
Table 27: Reliability Statistics
312
Vol 8 Issue 8
DOI No.: 10.24940/theijbm/2020/v8/i8/BM2008-061
August, 2020