CHUKWUNEDUM, FAVOUR IFECHUKWU (2026) APPLICATION OF ALTERNATIVE DISPUTE RESOLUTION IN RESOLVING MARRIAGE DISPUTES IN NIGERIA. Other thesis, GODFREY OKOYE UNIVERSITY ENUGU..
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Abstract
Matrimonial disputes in Nigeria continue to be resolved predominantly through adversarial litigation despite the increasing recognition of Alternative Dispute Resolution (ADR) as a faster, less expensive, and more relationship-oriented mechanism for resolving family conflicts. This study examines the legal and institutional framework governing the use of ADR in matrimonial disputes in Nigeria. The objectives of the study are to examine the legal framework regulating ADR in matrimonial disputes, evaluate the institutional mechanisms supporting its implementation, identify the challenges affecting its effective utilization, and propose reforms that would strengthen the use of ADR in family justice administration. The research adopts the doctrinal legal research methodology, relying on primary sources including statutes, judicial decisions, and international instruments, as well as secondary sources comprising textbooks, journal articles, reports, and other scholarly materials. The study employs analytical and comparative approaches in examining relevant legal principles and institutional practices. The findings reveal that while the Matrimonial Causes Act, the Arbitration and Mediation Act 2023, the Child Rights Act 2003, and various High Court Civil Procedure Rules provide legal support for reconciliation and mediation, there is no comprehensive statutory framework specifically regulating family mediation in Nigeria. The study further finds that institutions such as the Lagos Multi-Door Courthouse and other court-connected ADR centres have enhanced access to justice through mediation and conciliation, yet their effectiveness is constrained by inadequate institutional capacity, shortage of trained family mediators, poor public awareness, inconsistent judicial referral practices, and the absence of uniform standards for family dispute resolution across the federation. The study concludes that ADR provides a practical and efficient mechanism for reducing litigation, preserving family relationships, protecting the best interests of children, and improving access to justice in matrimonial disputes. It recommends the enactment of a comprehensive family mediation framework, the establishment of specialized family mediation centres in all states, compulsory judicial consideration of mediation before trial where appropriate, continuous training and accreditation of family mediators, increased public sensitization on ADR, and stronger collaboration between courts, ADR institutions, customary institutions, and religious bodies to enhance the administration of family justice in Nigeria.
| Item Type: | Thesis (Other) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Faculty of Law, Arts and Social Sciences > School of Law |
| Depositing User: | ESTHER IGWEIKE |
| Date Deposited: | 27 Jul 2026 13:32 |
| Last Modified: | 27 Jul 2026 13:32 |
| URI: | http://eprints.gouni.edu.ng/id/eprint/6046 |
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