AN APPRAISAL OF THE APPLICATION OF ALTERNATIVE DISPUTE RESOLUTION METHODS IN MARRIAGE DISPUTE

There is increasing recognition and use of formal Alternative Dispute Resolution (ADR) mechanisms in settling disputes in the country. But the full potential of this method of dispute resolution is yet to be fully realized or tapped in matrimonial disputes. This study appraises the application of Alternative Dispute Resolution Methods in resolving marriage dispute. Using the doctrinal methodology of research this study reveals that various Alternative Dispute Resolution mechanisms are not statutorily recognized except reconciliation as provided in the Matrimonial Causes Act which is also underutilized. This study also reveals that parties seeking reconciliation usually do not use the ADR mechanism however, the few cases recorded so far are those marriages that has reached the verge of irretrievable breakdown and also when parties are seeking for an order of Maintenance, Custody and Property division. It further reveals that there are various benefits of the adoption of Alternative Dispute Resolution over litigation in marital dispute using the Edo State Multi-door Court House as a case study. This study recommends amongst others that there should be a Legislative framework incorporating all other ADR mechanisms that will enhance the resolution of marital dispute.