RESOLUTION OF MARITAL CONFLICTS: ALTERNATIVE DISPUTE RESOLUTION MECHANISMS TO THE RESCUE

Abstract

The use of alternative dispute resolution mechanisms has gained prominence significantly in
recent times. Mediation and arbitration offer a good alternative to the adversarial divorce
process that is prevalent presently. Litigation has been the mechanism employed to settle
marital conflicts and this has over the years manifested it attendant negative consequences. It is
against this backdrop that this research was borne out of. The aim of this paper is to highlight
the relevance of applying mediation and arbitration to marital conflicts. The paper examines the
ways alternative dispute resolution mechanisms particularly mediation and arbitration can be
employed in successfully resolving marital conflicts. The methodology adopted in this paper is
the doctrinal method of legal research. The result indicated that mediation and arbitration are
rarely used in settling marital conflicts and even when they are used; it‟s usually the last resort
when the litigation process must have commenced and most times must have ended too. It is
recommended among other things that mediation and arbitration should be the first template to
be adopted in settling of marital disputes and an enactment of a Family Arbitration Act in
Nigeria is imbibed in the light of present-day realties and international best practices.