APPRAISAL OF THE APPLICATION OF ALTERNATIVE DISPUTE RESOLUTION METHODS TO MARRIAGE DISPUTES


APPRAISAL OF THE APPLICATION OF ALTERNATIVE DISPUTE RESOLUTION METHODS TO MARRIAGE DISPUTES

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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 COVER PAGECERTIFICATION PAGEABSTRACTTABLE OF CONTENTSDEDICATIONACKNOWLEDGMENTTABLE OF CASESTABLE OF STATUTESTABLE OF MODEL LAWSLIST OF ABBREVIATIONSCHAPTER 1GENERAL INTRODUCTION1.0.0: INTRODUCTION1.1.0: BACKGROUND TO THE STUDY1.2.0: OBJECTIVES OF STUDY1.3.0: FOCUS OF STUDY1.4.0: SCOPE OF STUDY1.5.0: METHODOLOGY1.6.0: LITERATURE REVIEW1.7.0: DEFINITION OF TERMS1.8.0: CONCLUSIONCHAPTER 2LITIGATION OF MARRIAGE DISPUTES UNDER NIGERIA STATUTES2.0.0: INTRODUCTION2.1.0: LITIGATION OF MAJOR MARRIAGE DISPUTES2.1.1.0: LITIGATION IN DISSOLUTION OF MARRIAGE [DIVORCE]2.1.1.1: LITIGATION IN JUDICIAL SEPARATION2.1.1.2: LITIGATION IN RESTITUTION OF CONJUGAL RIGHT2.1.1.3: LITIGATION IN JACTITATION OF MARRIAGE2.2.0: LITIGATION OF ANCILLARY DISPUTES2.2.1.0: LITIGATION IN MAINTENANCE2.2.1.1: LITIGATION IN CUSTODY OF CHILDREN2.3.0: SHORTCOMINGS OF LITIGATION2.4.0: CONCLUSION CHAPTER 3APPLICATION OF ADR METHODS TO MARRIAGE DISPUTES3.0.0: INTRODUCTION3.1.0: COLLABORATIVE DIVORCE3.2.0: DIVORCE MEDIATION3.3.0: DIVORCE ARBITRATION3.4.0: ADVANTAGES OF ADR OVER LITIGATION3.5.0: CONCLUSION CHAPTER 4CHALLENGES AND PROSPECTS OF ADR IN RESOLVING MARRIAGE DISPUTES4.0.0: INTRODUCTION4.1.0: CHALLENGES OF ADR4.2.0: PROSPECTS OF ADR4.3.0: CONCLUSION CHAPTER 5GENERAL CONCLUSION5.0.0: CONCLUSION5.1.0: RECOMMENDATION BIBLIOGRAPHY ARTICLES IN JOURNALS ARTICLES ON THE INTERNET BOOKS CHAPTERS IN BOOKS NEWS PAPER 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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