Appraisal of the application of alternative dispute resolution methods to marriage disputes

APPRAISAL OF THE APPLICATION OF ALTERNATIVE DISPUTE RESOLUTION METHODS TO MARRIAGE DISPUTES

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 which range from divorce to custody of children, maintenance e. t. c. Marriage, as examined in this context, is limited to that conducted under statutes.
In resolving these disputes, recourse is made to adjudication. But overtime, various shortcomings are being found for litigation. These include unnecessary delay caused by congestion of court, high cost of litigation, confrontational nature of litigation amongst others. Employing the Matrimonial Causes Act, 1970, which operates within Nigeria jurisdiction, this research presents an outlook of litigation in resolving marriage disputes and also points out its shortcomings.
Consequent upon the shortcomings found for litigation, various alternatives to litigation are being come up with. This research, in line with resolving matrimonial disputes, focuses on examining few of these alternatives which are collaborative divorce, divorce mediation and divorce arbitration. In examining these alternatives, this research points out the advantages they have over litigation in their application to marriage disputes and these amongst others include promotion of confidentiality, cost and time saving. The challenges facing the use of these alternatives which include inadequate skills, lack of enforcement e. t. c. are also examined.
Furthermore, ways of curbing these challenges which are put forward as recommendations are included in the latter part of this research. This is thus the mainstay of this research.

Table of Contents

CHAPTER ONE

GENERAL INTRODUCTION

1.0     INTRODUCTION

1.1     BACKGROUND TO THE STUDY

1.2    OBJECTIVES OF STUDY

1.3    FOCUS OF STUDY

1.4    SCOPE OF STUDY

1.5    METHODOLOGY

1.6    LITERATURE REVIEW

1.7    DEFINITION OF TERMS

1.8    CONCLUSION

CHAPTER TWO

LITIGATION OF MARRIAGE DISPUTES UNDER NIGERIA STATUTES

2.0        INTRODUCTION

2.1        LITIGATION OF MAJOR MARRIAGE DISPUTES

2.1.1.0  LITIGATION IN DISSOLUTION OF MARRIAGE [DIVORCE]

2.1.1.1   LITIGATION IN JUDICIAL SEPARATION

2.1.1.2  LITIGATION IN RESTITUTION OF CONJUGAL RIGHT

2.1.1.3  LITIGATION IN JACTITATION OF MARRIAGE

2.2       LITIGATION OF ANCILLARY DISPUTES

2.2.1.0 LITIGATION IN MAINTENANCE

2.2.1.1 LITIGATION IN CUSTODY OF CHILDREN

2.3       SHORTCOMINGS OF LITIGATION

2.4       CONCLUSION

CHAPTER THREE

APPLICATION OF ADR METHODS TO MARRIAGE DISPUTES

3.0     INTRODUCTION

3.1     COLLABORATIVE DIVORCE

3.2    DIVORCE MEDIATION

3.3    DIVORCE ARBITRATION

3.4    ADVANTAGES OF ADR OVER LITIGATION

3.5    CONCLUSION

CHAPTER THREE

CHALLENGES AND PROSPECTS OF ADR IN RESOLVING MARRIAGE DISPUTES

4.0   INTRODUCTION

4.1   CHALLENGES OF ADR

4.2  PROSPECTS OF ADR

4.3  CONCLUSION

CHAPTER FIVE

GENERAL CONCLUSION

5.0   CONCLUSION

5.1. RECOMMENDATION

BIBLIOGRAPHY

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