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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ABSTRACT

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 PAGE
CERTIFICATION
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
2LITIGATION OF MARRIAGE DISPUTES UNDER NIGERIA STATUTES
2.0.0: INTRODUCTION2.1.0: LITIGATION OF MAJOR MARRIAGE DISPUTES
2.1.1.0: LITIGATION IN DISSOLUTION OF MARRIAGE [DIVORCE] 2.1.1.1: LITIGATION IN JUDICIAL SEPARATION2
.1.1.2: LITIGATION IN RESTITUTION OF CONJUGAL 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
3APPLICATION 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
4CHALLENGES 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 ARTICLES IN JOURNALS
ARTICLES ON THE INTERNET
BOOKS CHAPTERS IN BOOKS NEWSPAPER REPORTS ON THE INTERNET REPORTS AND OFFICIAL DOCUMENTS REPORTS AND OFFICIAL DOCUMENTS ON THE INTERNET. 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. Dispute Resolution Methods

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