THE APPLICABILITY OF ARBITRATION IN DIVORCE PROCEEDINGS IN NIGERIA: AN APPRAISAL

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. Under the Nigerian law instituting proceedings in court has been the only means through which persons in “troubled statutory marriages” put an end to same. However, putting an end to a statutory marriage through litigation has both emotional and psychological challenges not only on the primary parties but on the children of the marriage as well as their families and the society at large. This is precipitated by the nature of litigation as a means of dispute settlement. Hence, there is therefore the need to adopt more pragmatic and friendly means of settling matrimonial disputes. The aim of this research is to appraise the application of arbitration in Divorce proceedings in Nigeria. Some of the objectives identified in this research includes the creation of awareness of alternatives to litigation in resolving statutory marriage disputes. The Subject matter scope of this long essay covers the methods of Alternative Dispute Resolution which will be limited to Statutory Marriage divorce proceedings and statutory marriage disputes only. This research work adopted the doctrinal research methodology which includes primary and secondary sources of information. Primary sources include laws and case laws. Secondary sources include law textbooks, law journals and internet materials. This research found inter alia that the goal of divorce mediation is to arrive at a settlement of some or all of the issues in dispute which both parties are as happy with as possible. Depending on the parties wants, sometimes the mediation process takes place with spouses in separate rooms. It is interest based. Both parties can still consult their own individual attorney during the mediation. The researcher recommended inter alia, that asides incorporating ADRMs into the Matrimonial Causes Act, it is also important to create a new law, applicable in the whole country on the application of ADR in matrimonial causes especially divorce. This will lead to a better unified framework for ADRMs applicability to matrimonial causes.