Legal and Institutional Frameworks for Effective Application of ADR in Marital Disputes

Abstract

Alternative Dispute Resolution (ADR) has emerged as a viable mechanism for resolving marital disputes in a manner that is less adversarial, more cost-effective, and emotionally considerate compared to conventional litigation.

This paper examines the legal and

institutional frameworks that support the effective application of ADR in resolving marital conflicts in Nigeria. It critically analyses statutory provisions such as the Matrimonial Causes Act, the Child Rights Act, the Arbitration and Mediation Act 2023, and various rules of court which permit or encourage mediation and reconciliation in matrimonial proceedings. The study further explores the roles of key institutions, including family courts, customary and religious dispute resolution forums, and government-established bodies such as the Citizens' Mediation Centres and the Multi-Door Courthouses. By identifying the strengths and limitations of the existing frameworks, the paper highlights the potential of ADR in promoting privacy, preserving familial relationships, and ensuring outcomes that are more tailored to the interests of the parties especially in matters involving children and shared property. It also addresses challenges such as cultural resistance, lack of awareness, insufficient training of mediators, and the need for gender-sensitive approaches. The paper concludes by advocating for enhanced legal reforms, capacity-building programs, and stronger institutional synergy to make ADR a more accessible, trusted, and effective tool in the resolution of marital disputes.