Home VOL. 5 (2019) Promoting Amicable way of Resolving Marital Disputes: A Case for Alternative Dispute...

Promoting Amicable way of Resolving Marital Disputes: A Case for Alternative Dispute Resolution

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Abstract

Marital dispute is a universal problem which has affected a lot of couples even those who have healthy homes. Marriage is gradually moving towards the trend of only economic contract benefit at the expense of sanctity of marriage which is no longer preserved. Divorce cases are increasing every day in court because the idea of Alternative Dispute Resolution (ADR) has not fully gained its ground in marital disputes even though it is cheaper than litigation in preserving marriage. The adoption of ADR in resolution of marital disputes is prevalent in other countries especially in India where ADR processes are promoted in their Statutes to reduce the rate of divorce. Proper applicability of ADR in resolution of marital disputes will determine its effect on the affected couples, the children and the society at large. The research methodology to be used is secondary such as published books, journals, magazines and internet materials. This paper makes a case for ADR as the appropriate medium of resolving marital disputes. This paper concludes that ADR process in marital dispute is not binding except the parties intend to make it binding by drawing terms of settlement and signing it together with an ADR judge. In addition, ADR however has more benefits than litigation in resolution of marital dispute. It is also submitted in this paper that ADR is not suitable for all marital disputes especially where the law adequately provides for the method applicable to such situations such as divorce and child custody.

Authors: Adesoji Kolawole Adebayo, Bankole Fisayo Andrew, Josephine Adejoke Aina