ARBITRATING FAMILY DISPUTES IN NIGERIA: BENEFITS AND CHALLENGES

Abstract

Family is the immediate social structure for sustenance, support, dependency and love of human life. Under the Nigerian family law, instituting proceedings in court has been the only means through which family disputes particularly matrimonial disputes are resolved or put to an end. However, this means have many disadvantages ranging from the fact that it is highly costly, time consuming, filled with rigorous proceedings and lacks confidentiality. These shortcomings have led to the birth of non – adjudication schemes such as conciliation, reconciliation, negotiation, mediation and arbitration for resolution of family disputes. However, amongst these schemes, it is only arbitration that has achieved a global recognition to settlement of family disputes because the award (decision) reached by an arbitrator is final and binding. This does not mean that arbitration has no impediments in its ways in the resolution of dispute in Nigeria. Some of these impediments are to some extent the challenges that have made arbitration unattractive as a scheme for family dispute resolution in Nigeria. The researchers have undertaken an analytical appraisal of the prospects and challenges of adopting arbitration as a mechanism for family dispute Nigeria. In doing so, this work will not only be discussing the need for arbitrating family dispute in Nigeria but also its benefits and challenges. It is therefore recommended that the Arbitration and Conciliation Act of 2004 should be amended for family disputes to be resolved through arbitration other than provision for commercial disputes only, Furthermore, the National Assembly should adopt and incorporate all other non- adjudication schemes particularly arbitration as a mechanism for family dispute resolution. This will also make resolution of family dispute quick and erode the possibility of technical justice