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 of Appraisal of the Application of Alternative Dispute Resolution Methods to Marriage Disputes
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.