AN APPRAISAL OF APPLICATION OF ALTERNATIVE DISPUTE RESOLUTION METHODS TO MARRIAGE DISPUTES
Abstract
ABSTRACT
In every jurisdiction, marriage is a union formed by two people; in other words, it is a
universal event. Even if the legal procedure (either in formality or requirement) varies from
one jurisdiction to another, divorce, child custody, support, and other issues are frequently the
subject of contlicts in marriages. Only marriage performed in accordance with statutes is
considered in this regard. In order to settle these disagreements, adjudication is used.
However, as time goes on, more and more flaws are discovered for legal action. These
include needless delays brought on by court overcrowding, the high expense of litigation, and
the combative nature of litigation, among other things. This study examines the use of
litigation to settle marital issues under the Matrimonial Causes Act, 1970, which is governed
by Nigerian law also highlights its flaws as well. Different alternatives to litigation are being
developed as a result of the flaws identified for litigation. In keeping with the goal of settling
marital conflicts, this study looks at a few of these options, including collaborative divorce,
divorce mediation, and divorce arbitration. This study highlights the benefits of these
alternatives over litigation when it comes to resolving marital disputes. These benefits
include time and money savings, as well as the promotion of confidentiality. Examined are
the ditficulties in implementing these options, such as a lack of enforcement and insufficient
expertise. Additionally, strategies to address these issues are presented in the research's latter
section as recommendations
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