AN APPRAISAL OF THE APPLICATION OF ALTERNATIVE DISPUTE RESOLUTION (ADR) MECHANISMS IN MATRIMONIAL DISPUTES

Abstract

Alternative Dispute Resolution mechanisms refers to a set of mechanisms a society utilizes to resolve disputes without resorts to costly adversarial litigation. This research examines the application of alternative dispute resolution to marriage disputes. The use of ADR mechanisms has been thriving well in the areas of shortcomings of litigation. The research examines the different mechanisms available in the use of ADR in matrimonial disputes. It also discusses the challenges of ADR mechanisms in Nigeria. The research shows that there are several approaches to resolving conflict in marriages which include negotiation, conciliation, mediation, and reconciliation. These mechanisms for dispute settlement has several advantages. In spite of its various advantages, alternative dispute resolution has been plagued by some challenges, which include absence of rules guiding the ADR process, poor enforceability of awards, insufficient knowledge and demand for ADR services, unbalanced representation among practitioners, influence from other professions, and financial limitations. Therefore, the research recommends that there is a need for greater awareness to be created about the existence and use of ADR in the country. Various states in Nigeria should follow the initiative of Lagos State in enacting an Arbitration Law and a Court of Arbitration through the provision of a multi-door court house facility. Finally, parties to matrimonial conflict/disputes should be more concerned about the problem/cause of matrimonial dispute and seek to resolve them rather than expanding the scope of an issue by opting for litigation .

Identifiers

Resource ID

urn:uuid:da588559-de14-4d05-9b8e-02e9ba18336a