USE OF ALTERNATIVE DISPUTE RESOLUTION (ARBITARTION, MEDIATION AND NEGOTIATION) IN RESOLUTION OF MARITAL CONFLICTS

Abstract

Matrimonial disputes could be in the nature of divorce, separation or annulment of marriage. However, divorce and separation are more often experienced particularly in contemporary Nigerian society. Divorce, as a prevalent and emotionally charged issue, often results in complex legal disputes that can be protracted, emotionally taxing, and costly. This paper explores the utilization of alternative dispute resolution mechanism in the context of settling divorce conflicts. Alternative Dispute Resolution is a method traditionally employed in commercial disputes, is gaining traction in family law as a means to streamline divorce proceedings, reduce legal costs, and provide divorcing parties with greater control over the resolution process. It outlines the primary objectives, which include evaluating the effectiveness of Alternative Dispute Resolution in divorce cases, assessing the key factors influencing its adoption, and identifying the potential benefits with its implementation. Additionally, the research will touch upon the ethical and legal considerations that underpin the use of Alternative Dispute Resolution in divorce, including issues of consent, confidentiality, and enforceability. This paper employs a doctrinal methodology, combining a comprehensive review of relevant literature and case studies. The findings from this paper have the potential to offer insights into the ways in which Alternative Dispute Resolution can contribute to the more efficient, less adversarial, and more collaborative resolution of divorce conflicts. By examining its impact on divorce outcomes, the level of satisfaction among the parties involved, and the cost-effectiveness of this approach, the research intends to provide valuable information to legal professionals, policymakers, and individuals going through the divorce process. The paper concludes by underscoring the need for a nuanced understanding of Alternative Dispute Resolution expert roles in divorce conflict resolution and its potential to transform the landscape of family law practices.