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Alternative Dispute Resolution as a Viable Template for the Settlement of Family Disputes in Nigeria

By Damilola Seun Adesanya, Toluwalase T. Ajibade

Law and World · Vol. 11, No. 35, pp. 36-52 · 2025

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Abstract

In recent times, the various Alternative Dispute Resolution (ADR) mechanisms are fast becoming the best means of resolving family disputes. This is because family disputes are often confidential, and these ADR mechanisms encourage confidentiality. This paper analysed the viability of ADR as a means of resolving family disputes in Nigeria. It emphasised litigation’s limitations in resolving emotionally charged family matters and investigates how alternative dispute resolution can encourage confidentiality, party autonomy, and relationship maintenance. Using a comparative and doctrinal methodology, this study examined the acceptance and effectiveness of ADR in nations including the United Kingdom, the United States, and Finland. It also assessed Nigeria’s legislative framework governing matrimonial disputes, specifically the Matrimonial Causes Act (MCA) of 1970, as well as the feasibility of incorporating ADR into it. The study concluded that, while ADR has the potential to resolve marital maintenance, child custody, and property conflicts, statutory and cultural hurdles persist. The study concluded by recommending amendments to improve the legal recognition of ADR in family law and making practical recommendations to boost its usage in Nigeria.

Details

Publication type
Journal article
Author
  • Damilola Seun Adesanya - Doctoral Candidate of Law, Babcock University, Lecturer, Property and Commercial Law Department, Crescent University Abeokuta, Ogun State, Nigeria
  • Toluwalase T. Ajibade - PhD, Lecturer, Department of Private and Commercial Law, School of Law and Security Studies, Babcock University, Ilishan-Remo, Ogun State, Nigeria
Journal
Law and World
Publication
September 30, 2025
Volume
11
Issue
35
Pages
36-52
Language
English
DOI
10.36475/11.3.4
ISSN
2346-7916
Institutions
Babcock University, Crescent University
Access
Open access
Licence
CC BY-SA 4.0
Added to catalogue
Metadata source
Supplied by the publisher

Areas of law

Family and Succession Law

Keywords

Alternative dispute resolution family disputes Matrimonial Causes Act Nigeria

Cite this record

Adesanya, D. S., & Ajibade, T. T. (2025). Alternative Dispute Resolution as a Viable Template for the Settlement of Family Disputes in Nigeria. Law and World, 11(35), 36-52. https://doi.org/10.36475/11.3.4
Adesanya, Damilola Seun and Toluwalase T. Ajibade. "Alternative Dispute Resolution as a Viable Template for the Settlement of Family Disputes in Nigeria." Law and World 11, no. 35 (2025): 36-52. https://doi.org/10.36475/11.3.4.
@article{adesanya2025_geg1q0,
  title     = {Alternative Dispute Resolution as a Viable Template for the Settlement of Family Disputes in Nigeria},
  author    = {Adesanya, Damilola Seun and Ajibade, Toluwalase T.},
  year      = {2025},
  journal   = {Law and World},
  volume    = {11},
  number    = {35},
  pages     = {36--52},
  doi       = {10.36475/11.3.4},
  issn      = {2346-7916},
  language  = {en},
  url       = {https://lawandworld.ge/index.php/law/article/view/842},
  note      = {Open access}
}
Download BibTeX 
TY  - JOUR
AU  - Adesanya, Damilola Seun
AU  - Ajibade, Toluwalase T.
TI  - Alternative Dispute Resolution as a Viable Template for the Settlement of Family Disputes in Nigeria
PY  - 2025
JO  - Law and World
VL  - 11
IS  - 35
SN  - 2346-7916
DO  - 10.36475/11.3.4
LA  - en
UR  - https://lawandworld.ge/index.php/law/article/view/842
AB  - In recent times, the various Alternative Dispute Resolution (ADR) mechanisms are fast becoming the best means of resolving family disputes. This is because family disputes are often confidential, and these ADR mechanisms encourage confidentiality. This paper analysed the viability of ADR as a means of resolving family disputes in Nigeria. It emphasised litigation’s limitations in resolving emotionally charged family matters and investigates how alternative dispute resolution can encourage confidentiality, party autonomy, and relationship maintenance. Using a comparative and doctrinal methodology, this study examined the acceptance and effectiveness of ADR in nations including the United Kingdom, the United States, and Finland. It also assessed Nigeria’s legislative framework governing matrimonial disputes, specifically the Matrimonial Causes Act (MCA) of 1970, as well as the feasibility of incorporating ADR into it. The study concluded that, while ADR has the potential to resolve marital maintenance, child custody, and property conflicts, statutory and cultural hurdles persist. The study concluded by recommending amendments to improve the legal recognition of ADR in family law and making practical recommendations to boost its usage in Nigeria.
KW  - Alternative dispute resolution
KW  - family disputes
KW  - Matrimonial Causes Act
KW  - Nigeria
KW  - დავის გადაწყვეტის ალტერნატიული საშუალებები
KW  - ოჯახური დავები
KW  - საქორწინო საქმეების შესახებ აქტი
KW  - ნიგერია
SP  - 36
EP  - 52
ER  -
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