APPRAISAL OF THE APPLICATION OF ALTERNATIVE DISPUTE RESOLUTION METHODS TO MARRIAGE DISPUTES
Marriage is a union entered into by two parties in every jurisdiction i. e, marriage is a universal occurrence. Although the legal process involved (either in formality or requirement) varies from one jurisdiction to another, marriage is often characterized by disputes which range from divorce to custody of children, maintenance e. t. c. Marriage, as examined in this context, is limited to that conducted under statutes.
In resolving these disputes, recourse is made to adjudication. But overtime, various shortcomings are being found for litigation. These include unnecessary delay caused by congestion of court, high cost of litigation, confrontational nature of litigation amongst others. Employing the Matrimonial Causes Act, 1970, which operates within Nigeria jurisdiction, this research presents an outlook of litigation in resolving marriage disputes and also points out its shortcomings.
Consequent upon the shortcomings found for litigation, various alternatives to litigation are being come up with. This research, in line with resolving matrimonial disputes, focuses on examining few of these alternatives which are collaborative divorce, divorce mediation and divorce arbitration. In examining these alternatives, this research points out the advantages they have over litigation in their application to marriage disputes and these amongst others include promotion of confidentiality, cost and time saving. The challenges facing the use of these alternatives which include inadequate skills, lack of enforcement e. 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
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
1.6.0: LITERATURE REVIEW
1.7.0: DEFINITION OF TERMS
LITIGATION OF MARRIAGE DISPUTES UNDER NIGERIA STATUTES
2.1.0: LITIGATION OF MAJOR MARRIAGE DISPUTES
22.214.171.124: LITIGATION IN DISSOLUTION OF MARRIAGE [DIVORCE]
126.96.36.199: LITIGATION IN JUDICIAL SEPARATION
188.8.131.52: LITIGATION IN RESTITUTION OF CONJUGAL RIGHT
184.108.40.206: LITIGATION IN JACTITATION OF MARRIAGE
2.2.0: LITIGATION OF ANCILLARY DISPUTES
220.127.116.11: LITIGATION IN MAINTENANCE
18.104.22.168: LITIGATION IN CUSTODY OF CHILDREN
2.3.0: SHORTCOMINGS OF LITIGATION
APPLICATION OF ADR METHODS TO MARRIAGE DISPUTES
3.1.0: COLLABORATIVE DIVORCE
3.2.0: DIVORCE MEDIATION
3.3.0: DIVORCE ARBITRATION
3.4.0: ADVANTAGES OF ADR OVER LITIGATION
CHALLENGES AND PROSPECTS OF ADR IN RESOLVING MARRIAGE DISPUTES
4.1.0: CHALLENGES OF ADR
4.2.0: PROSPECTS OF ADR
ARTICLES IN JOURNALS
ARTICLES ON THE INTERNET
CHAPTERS IN BOOKS
NEWSPAPER REPORTS ON THE INTERNET
REPORTS AND OFFICIAL DOCUMENTS
REPORTS AND OFFICIAL DOCUMENTS ON THE INTERNET
Introduction The introduction of this research is only available in the paid version.
An Appraisal Of The Application Of Alternative Dispute Resolution Methods To Marriage Dispute
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