PROSPECTS AND CHALLENGES OF RESOLVING MARRIAGE DISPUTES THROUGH ALTERNATIVE DISPUTE RESOLUTION MECHANISMS

Abstract

Marriage is a union entered into by two parties although the legal processes involved vary from one jurisdiction to another. Marriages often experience disputes which range from divorce to custody of children and maintenance. In resolving those disputes, recourse is made to adjudication but overtime various shortcomings are found in relation to litigation. These include unnecessary delay caused by congestion of court, high cost of litigation, confrontational nature of litigation amongst others. This study was limited to marriage conducted under the statute. In adopting doctrinal method of research the paper reveal that the Matrimonial Cause Act, Cap M7, Laws of the Federation of Nigeria 2004 which operate within Nigeria did not provide adequately for alternatives disputes resolution means of settling disputes. The study presented an outlook of litigation in resolving marriage disputes and also pointed out its shortcoming. Hence, various alternatives to litigation have emerged in resolving matrimonial disputes, which include collaborative divorce, divorce mediation and divorce arbitration. The advantages they have over litigation in their application to marriage disputes were also examined including promotion of confidentiality, cost and time saving. The challenges the use of these alternatives which include inadequate skills, lack of enforcement were also highlighted. Recommendations for addressing these challenges were suggested.