Alternative Dispute Resolution (ADR) And The Settlement of Matrimonial Disputes in Nigeria

Abstract

Matrimonial disputes have, in the wake of a regulated system of dispute resolution, been predominantly resolved through litigation which is largely inconsiderate of the emotional and psychological needs of the parties to the marriage relationship. In essence, the ‘resolution’ of matrimonial disputes has evolved to mean the complete dissolution of the marital relationship; or any other pronouncement by the adjudicator which would allow the aggrieved party to take a leave, whether definite or indefinite, from the matrimony. Remedies provided under extant laws include divorce, annulment and judicial separation. These remedies usually engender a perpetual feeling of hostility between the parties, and invariably, obligations imposed by the adjudicator are typically fulfilled not out of cordiality but under the threat of a sanction for failure. Flowing from the foregoing, there has arisen the need for other effective means of settling matrimonial disputes outside half-hearted attempts at reconciliation. This study examined the role of alternative dispute resolution mechanisms in the settlement of matrimonial disputes, using Nigeria as a case study. It analysed the various causes of matrimonial disputes, remedies and the enforcement thereof. It also discussed the alternative modes of dispute resolution applicable to matrimonial disputes. These were done in order to advocate for the deliberate application of ADR to Matrimonial disputes. Relying on the doctrinal method of research, the study found that while the Nigerian Matrimonial Causes Act encourages reconciliation, collaborative divorce and divorce arbitration have also been applied in matrimonial disputes in other jurisdictions. The study also revealed that, while these methods do not guarantee reconciliation, they certainly engender privacy of the proceedings as well as cordiality between the parties, thereby protecting them from some of the emotional and psychological trauma inherent in litigation. The study concluded although recourse to courts may be inevitable, using ADR for resolving matrimonial disputes is becoming increasingly expedient.

Keywords: Matrimony, disputes, litigation, alternative dispute resolution, settlement

DOI: 10.7176/PPAR/14-1-07

Publication date: April 30^th 2024