APPLICATION OF ALTERNATIVE DISPUTE RESOLUTION METHODS TO MARRIAGE DISPUTES IN NIGERIA.
Abstract
Marriage is a union entered into by two parties in every jurisdiction, i.e., marriage is a universal occurrence. Although the legal process involved (either in formality or requirement) varies from one jurisdiction to another, marriage is often characterized by disputes that range from divorce to custody of children, maintenance, etc. Marriage, as examined in this context, is limited to that conducted under statutes. In resolving these disputes, recourse is made to adjudication. But over time, various shortcomings are being found for litigation. These include unnecessary delay caused by congestion of court, high cost of litigation, and the confrontational nature of litigation amongst others. Employing the Matrimonial Causes Act, 1970, which operates within the Nigerian jurisdiction, this research presents an outlook of litigation in resolving marriage disputes and points out its shortcomings. Consequent to the shortcomings found for litigation, various alternatives to litigation have resonated. The aim of this paper is to examine the application of alternative dispute resolution to the resolution of marriage disputes in Nigeria.
Keywords:
Dispute Resolution, Marriages, Alternative Dispute Resolution, Arbitration, Mediation, Matrimonial CausesDownloads
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DOI:
https://doi.org/10.5281/zenodo.14800170Issue
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References
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