Influence of Perceived Benefits on the Adoption of Alternate Dispute Resolution Mechanisms by Trade Unions in Kenya

Abstract

Alternative Dispute Resolution (ADR) are the methods of dispute resolution other than courtroom litigation. Reconciliation, mediation, arbitration, and traditional dispute settlement are all recognized ADR mechanisms under Kenya's constitution which is supreme. ADR mechanisms thus come into play in order to resolve disputes outside of court, such as arbitration or mediation. Trade Unions are associations of employees with the sole responsibility of negotiating for better conditions of work as well as social positions of employees through collective bargaining. Their approach can also be both constructive and destructive to organizational performance. (Kariuki, 2018). In Kenya, Alternative dispute resolution (ADR) mechanisms were formally recognized after the promulgation of the constitution in 2010 under Article 159(2)(C). The article prescribed that courts should be guided by the need to promote ADR. This was necessitated by delays in the resolution of employee complaints leading to poor organizational performance and failure by institutions to fully implement Collective Bargaining Agreements. There has also been a steady rise in labor disputes in Kenya, for instance, the rampant disputes and strikes witnessed from Universities Academic Staff, Kenya Medical practitioners and other unions. The study objective was to determine the influence of perceived benefits in the adoption of ADR mechanism by Trade Unions in Kenya. The study was done at Kenya National Union of Teacher Union in Kenya. Theoretically, the study was anchored on Reason Action Theory (TRA) and Social Influence Theory (SIT). The study found out that perceived benefits significantly influence adoption of ADR mechanisms in Trade Unions in Kenya. The study concluded that a policy document needs to be put in place to enlightened and guide the Trade Unions Officials on the adoption of ADR mechanisms in resolving industrial disputes. Since it was observed some respondents had less or no knowledge on the adoption of ADR by Trade Unions in Kenya. The study recommends Trade Unions should adopt the use of ADR mechanisms in resolving industrial disputes, ensure organizations are given more knowledge on the benefits of adopting ADR mechanisms, create policies on direction of ADR mechanisms, as well as investing in the right knowledge on adoption of ADR mechanisms to boost on adopting ADR mechanisms by Trade unions in Kenya. The study also gives suggestions for further research.