Appraisal Of The Application Of Alternative Dispute Resolution Methods To Marriage Disputes

Appraisal Of The Application Of Alternative Dispute Resolution Methods To Marriage Disputes

Marriage is a union between two persons in any jurisdiction. e, Marriage is a universal event. The legal proceedings involved (either in terms of form or requirements) vary by jurisdiction, but marriages can be characterized by disputes ranging from divorce to child custody to alimony such as alimony. Often. t. c. Marriage, as considered in this context, is limited to legal marriage.

In resolving these disputes, you must rely on court decisions. However, as time goes on, we find various shortcomings of litigation. These include, among others, court overload, high legal costs, and unnecessary delays caused by the adversarial nature of litigation. Using the Causes of Marriage Act 1970 applicable within the jurisdiction of Nigeria, this study presents the perspective of litigation in resolving marital disputes and also points out its shortcomings. As a result of identified shortcomings in court proceedings, various alternatives to court proceedings have been developed. This research is consistent with the resolution of marital disputes and focuses on some of these options: cooperative divorce, divorce mediation, and divorce arbitration. In considering these alternatives, this study notes their advantages over court proceedings in their application to marital disputes, such as promoting confidentiality, saving costs and time, among others. Challenges, inadequate skills, lack of enforcement, etc. in using these alternatives. t. c. are also examined.

Furthermore, ways of curbing these challenges which are put forward as recommendations are included in the latter part of this research. This is thus the mainstay of this research.

Table of Content COVER PAGE
CERTIFICATION PAGE
ABSTRACT
TABLE OF CONTENTS
DEDICATION
ACKNOWLEDGMENT
TABLE OF CASES
TABLE OF STATUTES
TABLE OF MODEL LAWS
LIST OF ABBREVIATIONS

CHAPTER 1
GENERAL INTRODUCTION
1.0.0:
INTRODUCTION
1.1.0:
BACKGROUND TO THE STUDY
1.2.0:
OBJECTIVES OF STUDY
1.3.0:
FOCUS OF STUDY
1.4.0:
SCOPE OF STUDY
1.5.0:
METHODOLOGY
1.6.0:
LITERATURE REVIEW
1.7.0:
DEFINITION OF TERMS
1.8.0:
CONCLUSION

CHAPTER 2
LITIGATION OF MARRIAGE DISPUTES UNDER NIGERIA STATUTES
2.0.0:
INTRODUCTION
2.1.0:
LITIGATION OF MAJOR MARRIAGE DISPUTES
2.1.1.0:
LITIGATION IN DISSOLUTION OF MARRIAGE [DIVORCE] 2.1.1.1:
LITIGATION IN JUDICIAL SEPARATION
2.1.1.2:
LITIGATION IN RESTITUTION OF CONJUGAL RIGHT
2.1.1.3:
LITIGATION IN JACTITATION OF MARRIAGE
2.2.0:
LITIGATION OF ANCILLARY DISPUTES
2.2.1.0:
LITIGATION IN MAINTENANCE
2.2.1.1:
LITIGATION IN CUSTODY OF CHILDREN
2.3.0:
SHORTCOMINGS OF LITIGATION
2.4.0:
CONCLUSION

CHAPTER 3
APPLICATION OF ADR METHODS TO MARRIAGE DISPUTES
3.0.0:
INTRODUCTION
3.1.0:
COLLABORATIVE DIVORCE
3.2.0:
DIVORCE MEDIATION
3.3.0:
DIVORCE ARBITRATION
3.4.0:
ADVANTAGES OF ADR OVER LITIGATION
3.5.0:
CONCLUSION

CHAPTER 4
CHALLENGES AND PROSPECTS OF ADR IN RESOLVING MARRIAGE DISPUTES
4.0.0:
INTRODUCTION
4.1.0:
CHALLENGES OF ADR
4.2.0:
PROSPECTS OF ADR
4.3.0:
CONCLUSION

CHAPTER 5
GENERAL CONCLUSION
5.0.0:
CONCLUSION
5.1.0:
RECOMMENDATION
BIBLIOGRAPHY
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