Authored By: Makuachukwu Blessing Ewelukwa
University of Nigeria, Nsukka
ABSTRACT
Marital disputes remain a relevant subject of social issue in society, having strong implications which not only impacts family stability, but the individual development and welfare of the child in the marriage. Dispute and Disagreement are part of human every human relationships. However, how these are handled determine the impact. This paper further analyzes the dynamics of marital disputes and factors that contribute to these disputes based on a doctrinal research approach. The paper professes that the implications of marital disputes exceed that of the spouses disputing, as disputes often holistically affect the child’s physical, emotional, and psychological well-being. Where those disputes remain unresolvable, they actually become disputes feeding into conflicts which undermine the family structure. This paper critiques the traditionally adversarial system by indicating how it can enrich the tensions of marital disputes and produce such outcome that may be prejudicial. Using Nigeria as a case study, the paper advocates for mediation as the first viable mechanism to handle marital disputes. The paper further recommends that a child centered approach must be prioritized at every stage of the mediation process, always focusing on the best interest of the child.
KEYWORDS: Marriage, Family, Disputes. Mediation, Children, Resolution
INTRODUCTION
Consider the case of Adaora, a 6 year old Igbo girl, whose life spiraled out of control after her parents’ marriage started to fall apart. It all began with whispers of a quarrel behind closed doors, which progressively escalated into arguments that reverberated through the house. There were often broken pieces of furniture and shattered glasses as tempers flared. While her father’s arms and face bore scratches, her mother’s eyes were often red and her face swollen. Initially, Adaora would curl up behind the couch clutching her teddy bear tightly against her chest while waiting for the noise to disappear. However, as days turned into weeks and then to months, her attitude changed. Adaora stopped hiding. She would always stand silently, watching the chaos unfold and unseen by the very people who gave her life.
And then, one fateful morning, her mother simply packed up and left in tears after another heated argument. She would visit occasionally bearing gifts and a hollow smile that never reached her eyes. For every time, Adaora would ask, “Mummy, when are you coming home?” She always got the same exhaustive reply: “Soon.” Eventually, Adaora stopped asking, hoping and expecting her return. She resigned herself to an abyss of “soon” that is now stretching endlessly across her childhood. Adaora’s narrative, albeit fictional, represents the reality of many children affected by marriage disputes in Nigeria today.
Where marital dispute is not handled the appropriate way, it ripples outward to affect not just the parties to the marriage but their children emotionally, physically and psychologically.[1] In Nigeria, marriage is viewed as the basis of the family. And the family is infact an important institution for the continuity of a functional society. [2] For this reason, marriage and family are also viewed as both interdependent systems in the preservation of cultural values and moral order in the society.[3] Although, the family is, more often than not, seen as the smallest and unit of the society, it plays an important role in the development of personal identity and social integration.[4] The family is the principal agent of socialization. It provides the first form of social security to a child at birth and continues this support throughout the life cycle, extending care even to the elderly.⁶ So, where there is marital dispute, it is viewed as not just a legal issue but a social issue. The impact on the children could be immediate and ongoing anxiety, behavioral issues, and social withdrawal.[5] Despite the centrality of marriage and family in Nigeria, litigation appears not to entire favour the resolution of marital dispute between parties. Apart from litigation being costly and slow it is designed to be adversarial. Also, the system seems to deepen the level of animosity between disputing parties and consequently leave children as collateral emotional casualties.[6] For these reasons, this paper argues that a child- centered mediation approach is a more humane and restorative method towards handling marital disputes be adopted.
CONCEPT OF MARRIAGE
Marriage is a long-standing social institution that exists in nearly every society across time, place, and cultural identity. While marriage is ubiquitous, its expressions vary tremendously from the rituals that solidify such union to the responsibilities that come with being a spouse.[7] These variations make it difficult to really offer a particular definition as all encompassing. ¹ In the popular case of Hyde v Hyde[8], Lord Penzance defined marriage as the voluntary union for life of one man and one woman to the exclusion of all others. Lord Westbury in Shaw v Gould[9] held that ‘marriage is the very foundation of civil society, and no part of the laws and institutions of a country can be of more vital importance to its subject than those which regulate the manner and conditions of forming, and if necessary of dissolving, the marriage contract’. There are many two main types of marriage exist in Nigeria, including Customary marriage and Statutory marriage.[10] This discussion main focus is on statutory marriage. It is pertinent to note that the Marriage Act is the primary law relating to the celebration of statutory marriage in Nigeria while the Matrimonial Causes Act only operates after the marriage has been celebrated. [11] A customary marriage is a legally recognised form of marriage in Nigeria and is conducted according to the customs and traditions of the parties’ ethnic or cultural communities.[12] Nigeria is a multi-ethnic state, and therefore the rules governing such marriages vary considerably from one community to the other. The validity of a customary marriage depends on the relevant customary law operating within the parties’ community.[13] A statutory marriage which is also referred to as a “marriage under the Act,” is governed by the Marriage Act, which sets out formal legal requirements for its celebration.[14] Statutory marriages confer legally enforceable rights and obligations and in the event of a breakdown, they are covered by the jurisdiction of the Matrimonial Causes Act.[15]
MARITAL DISPUTE
It is very necessary to understand that dispute forms part of every human relationship.[16] According to Collins Dictionary, Dispute is defined as a disagreement or argument between people or groups.[17] There is then marital dispute when parties to a marriage are in disagreement. Studies indicate that the primary causes of marital dispute in Nigeria include, differences in values and experiences, poor finance, communication issues, gender role strife, emotional disconnection, domestic violence, and unmet expectations.[18]This does not affect the parties involved alone but has impact on the children of the marriage.
Children are at elevated risk of emotional and behavioral difficulties, following parental separation or divorce. [19]Such difficulties may include poor academic performance, antisocial behaviors, experimentation with alcohol or drugs, and depression. These indicators imply a greater disruption of the child’s sense of security, and everyday routine. It is also necessary to note that a great percentage of these behavioral patterns can have lasting consequences into adulthood.[20]
LITIGATION OF MARITAL DISPUTE IN NIGERIA
Based on the Black’s Law Dictionary, to litigate means to settle a dispute or seek relief in a court of law.[21] Litigation of marital disputes is then the act of seeking relief in court when matrimonial disputes arise such as dissolution of marriage, nullity of marriage, judicial separation, restitution of conjugal rights etc.[22] While the Matrimonial Causes Act offers a detailed and pragmatic legal structure for divorce matters in Nigeria, there are still some limitations to its proper and effective use in practice.[23] Although, the law may seem to be reasonably sufficient because asides taking care of the dissolution of marriage, it takes care of ancillary situations such as child support and spousal maintenance.
However, the basic problem of litigation apart from being expensive and time consuming is that the proceedings can be emotionally upsetting to parties especially when children are involved.[24] It is expected that the object of a good divorce law, should be to buttress, rather than to undermine, the stability of the marriage.[25] Nevertheless, when unavoidably, a marriage has broken down irretrievably, ‘the empty legal shell of the marriage should be buried with decency and dignity’ and in a way which will harmonize relationship between the parties and their children.[26] Consequently, where all emotions are at the top and an unhealthy atmosphere is created, the parties become completely estranged to each other. By the time the court makes its final decision, it is most likely that the ability of the parties to communicate has already disintegrated. This situation will have an adverse effect on the children involved since the proceedings does not pay much attention to the social relationship of parties in dispute.[27]
Again, one of the most pervasive difficulties is the continuing congestion of the courts.[28] Such congestion necessitates a wait for couples to dissolve their marriage, often extending proceedings to years before a final order is made.[29] During this wait, whatever hope there was of renewing the relationship or stabilizing parental cooperation is frequently diminished, giving rise to a festering atmosphere of resentment. These create conditions in which children tend to suffer the most. Thus, Sander[30] stated that, ‘if one were to set out to design a system poorly adopted to the relation of family conflict or for safeguarding the children one would, with little luck invent an adversarial system…’. Considering this, it appears as if litigation amplifies the animosity between disputing parties rather than de-escalate such dispute especially where there are children involved.
MEDIATION IN MARITAL DISPUTES
Alternative Dispute Resolution is increasingly becoming a preferred option in Nigeria and mediation is one of its mechanisms. The United Nations Guidance for Effective Mediation describes mediation as a voluntary process whereby a third party assists two or more parties, with their consent, to prevent, manage or resolve a conflict by helping them to develop mutually acceptable agreement.[31] Simply put, it is the process of negotiation facilitated by a third-party.[32] Once the parties, with the help of their mediator, identify the issues, they then try to resolve those disputes between themselves. The mediator does not make decisions for them but attempts to get them make decisions on their own.
Prior to the emergence of the Court system, disputes were resolved in an amicable manner because the realization of a cordial relationship between disputants was paramount to keeping the society in unity.[33] Such disputes were settled traditionally through negotiation, mediation or conciliation within the clan before it is referred to the King to make a binding declaration which then becomes a precedent.[34] The target was to ensure such dispute does not go endlessly unresolved. And where this is the case it was easier to maintain peace.[35]
Today, mediation is supported and recognized by body of laws and institutional frameworks in Nigeria. [36] The Lagos Multi-Door Courthouse (LMDC), which pioneers family mediation programmes focusing on likely family reunification and minimizing court congestion.[37] Similarly, section 26 of the High Court of Lagos State (Civil Procedure) Rules 2019 allows judges to direct parties for mediation before trial, thus emphasizing the commitment of the state to ensuring the resolution of dispute amicably but mitigating court congestion.[38]
During mediation, the gears shift from blame to focusing on the future, and from opposing attacks to mutual understanding. The process aligns with the restorative justice tradition by emphasizing healing rather than punishment, and restoring the relationship rather than placing a legal victory.[39]It allows the parties to evaluate their issues freely, communicate with respect, and generally control the outcome of their dispute instead of waiting for the ruling of a judge.[40] Its processes seeks communication and creates quality space for resolution while simultaneously ensuring that, even if the marriage is to end, the responsibilities of both parents to the child does not. [41] This shows that mediation is the best strategic method of resolving marital dispute.[42]
BEST INTEREST OF THE CHILD
The term “best interest of the child” has gained traction in family law, yet its true meaning lies in practice rather than mere words. This notion must then be an unfolding standard that is contextually situated rather than static and absolute. In the case of Williams v. Williams[43], the Supreme Court of Nigeria determined that in matters relating to custody, the best interest of the child is the guiding principle. The best interest of a child, however, goes beyond mere provision; it includes emotional support, moral upbringing, and a safe and caring environment. [44] In the eyes of the law, the interests of the child receive significant protection, both locally and internationally. Section 1 of the Child Rights Act 2003 states that in any proceeding concerning the child, whether private or in court, the paramount consideration shall be the best interests of the child.[45] Similarly, article 3(1) of the United Nations Convention on the Rights of the Child creates a corresponding responsibility to the state parties.[46] In practice, this principle is typically compromised. The parties are engulfed in the flames of their resentment towards eachother and care less about the interest of the child. In the earlier case of Adaora, the most likely occurrence if the dispute is not handled appropriately is that either party would initiate an action for divorce. They would then seek custody, not in the best interest of Adaora, but perhaps out of spite. It then becomes obvious that Adaora has become the weapon of revenge. At the end, even the decision of the court regardless of how sound, may create such emotional wounds for Adaora such that not a word in the order can fix.
Mediation as an important ADR mechanism has been thriving well as an effective tool for such disputes.[47] It creates room for adequate consideration with respect to the changing reality of a child as he or she grows. Where mediation is employed, the process will operationalize the principle by inviting the parents to approach a solution to their circumstance which meets the holistic reality of their child’s individual needs. The end of marriage does not imply an end to parenting. It takes great level of emotional maturity, humility, and courage to place the child above the issues.This approach is a representation of courage and an acknowledgement that even amidst brokenness, peace is possible. This will go a long way in safeguarding the interest of the child, de-escalating the dispute and and ensuring that the family relationship is maintained.
RECOMMENDATIONS AND CONCLUSION
The importance and sanctity of marriage cannot be overemphasized, however, dispute is clearly inevitable. Marriage form the fabric and foundation of the society. That is why most sociologists view marriage as a societal institution that helps create the basic unit of social structure.[48]It is then important that there is a process which is easier, faster and there is utmost privacy in handling marital disputes when they arise. Mediation provides a more solid and sustainable alternative strategy towards resolving marital dispute. This strategy relies on effective communication rather than no communication or unhealthy arguments. It acknowledges that relationships can still be maintained with dignity even when the marriage has fractured or is about to fracture. It is therefore pertinent that the Government and Non-governmental organizations pay greater attention to how marital dispute is handled in Nigeria as to enjoy that the children do not become a bad consequence of their parents’ decisions. The government can provide support through various institutions providing pre-counselling and post-counseling programmes to discourage marriage dysfunction. There is also need for mediators to be trained in psychological and cultural competence, enough to help them handle such sensitive issue like marital dispute. The National Judicial Council has approved the National Policy on Arbitration and Alternative Dispute Resolution in 2024 encouraging the growth of ADR mechanisms and the decongestion of cases in Nigerian courts.[49] While this is a good initiative, it requires regular funding, awareness, and training.
In all, the best interest of the child must be the non-negotiable focus of every decision made while trying to resolve marital dispute. Parents must be enlightened on the need to prioritize the child’s interest above issues. Where this is the case and in practice and not as lip service, children like Adaora can have stability, hope, and know that they are also not broken even in the midst of a broken marriage. While the law sets the standard, the mediation process sets it in motion.
REFERENCE(S):
BOOKS
Howard Zehr, The Little Book of Restorative Justice (Good Books 2015).
W Little and L William, Introduction to Sociology – 1st Canadian Edition (BC Campus, Victoria 2014)
ARTICLES
Kokunre Agbontaen-Eghafona, ‘The Changing Phases of African Marriage and Family: Perspectives on Nigeria in the African Context’ (2024)
<https://www.pass.va/en/events/2021/family_ecology/eghafona.html accessed 13 November 2025
B.T., Akhmedov, ‘ The Family as the Basic Unit of Society’ (2021) 8(1) IJMMU
<https://www.researchgate.net/publication/357359326_The_Family_as_the_Basic_Unit_of_Society/citation/download > accessed on 13 November, 2025
Rubin KH, Coplan RJ and Bowker JC, ‘Social withdrawal in childhood’ (2009)60:141-71.
< https://pmc.ncbi.nlm.nih.gov/articles/PMC3800115/ > accessed on 13 November, 2025
Oladapo Adewale, ‘Litigation and the Challenges of Family Dispute Resolution in Nigeria’ (2020) Bar Journal (2020) 15(1) 201.
George Ime, Ukpong David and Imah Eme, ‘Cultural Diversity of Marriage Sustainability in Nigeria: Strengths and Challenges’ (2014) Sociology and Anthropology 2 (1) 7-14
<https://www.researchgate.net/publication/355651364_Cultural_Diversity_of_Marriage_Sustainability_in_Nigeria_Strengths_and_Challenges > accessed 13 November 2025.
B D’Onofrio and R Emery, “Parental Divorce or Separation and Children’s Mental Health” (2019)18(1) World Psychiatry, 100–101
L L Laursen, K B Madsen, C Obel and L Hohwü, “Family Dissolution and Children’s Social Well-Being at School: A Historic Cohort Study” (2019) 19 BMC Pediatrics 449
Ijaiya , “Alternative to Adjudication in Settlement of Matrimonial Disputes” (2004)1(5) UDUS Law Journal, 80.
Carbonneau, “A Consideration of Alternatives to Divorce Litigation” (1986) 4 (2) U.M.L Review Journal, 1119.
Iseoluwa Aina and Oluwadamilola Oniyire, ‘MarriageDisputes in Nigeria: Alternative Dispute Resolution as a means of Resolution’ (2025) ALR
< https://djetlawyer.com/alternative-dispute-resolution-in-marriage-dispute/ > accessed 13 November 2025.
Ade-Oshifogun J, Olaore A and Agyemang KA, ‘Perceived causes of marital dissatisfaction among Nigerian immigrants in North America: A qualitative study’ (2025)20(8) PLoS One
< https://pmc.ncbi.nlm.nih.gov/articles/PMC12331035/ > accessed on 13 November, 2025
Numfor Thaddeus Tanifum and Sundjo Fabien,’ The Importance of Mediation as an Alternative Dispute Resolution Method'(2024)3(12) IQ Research Journal of IQ res. j.: pp 01-19.
Ogaji, ‘The Viability of Applying Alternative Dispute Resolution Processes in the Niger-Delta Conflict’ < http://wrap.warwick.ac.uk/60366/1/WRAP_THESIS_Ogaji_2013.pdf > accessed 13 November 2025.
Abiola Sanni, ‘The Legal Framework for Alternative Dispute Resolution in Nigeria’ (2018) 32 JLCR 45.
Ijaiya ‘Alternative to Adjudication in Settlement of Matrimonial Disputes’ (2004)1(5) UDUS Law Journal, 80.
Iseoluwa Aina and Oluwadamilola Oniyire, ‘Marriage Disputes in Nigeria: Alternative Dispute Resolution as a means of Resolution’ (2025) Abuad Law Rev
< https://djetlawyer.com/alternative-dispute-resolution-in-marriage-dispute/ > accessed 13 November 2025.
Neema Amani U., ‘Family Law: The Role of Communication in Mediation’ (2025) IAA JOURNAL OF COMMUNICATION 11(1):30-36
< https://www.iaajournals.org/wp-content/uploads/2025/07/IAA-JC-P5-2025.pdf > accessed on 13 November, 2025.
Wilensky, ‘Alternative Dispute Resolution in Matrimonial Cases’ (1995) NYLJ; 21.
Sternlight, ‘Is Alternative Dispute Resolution Consistent with the Rule of Law?: Lessons from Abroad’ (2007)56(2) DePaul Law Review
< https://via.library.depaul.edu/law-review/vol56/iss2/15 > accessed 16 January 2020.
CASES
Hyde v Hyde (1860) L.R. 1PD 130.
Shaw v Gould (1868) L.R. 3 H.L., 55, 82.
Salako v Salako (1973) 11 CCCHCJ 105
Williams v. Williams (1987) 2 NWLR (PT. 54) PG. 66
LAWS
Lagos Multi-Door Courthouse, Annual Report (LMDC 2020).
Matrimonial Causes Act, 2004, ss 2–3.
Child’s Rights Act 2003, s 1.
Matrimonial Causes Act 1970 s 114
OFFICIAL WEBSITES AND BLOGS
Focus on the Family, ‘Understanding and Handling Marital Conflict’, (2023)
< https://www.focusonthefamily.com/family-qa/understanding-and-handling-marital-conflict/ > accessed on 13 November, 2025
Collins Dictionary < https://www.collinsdictionary.com/dictionary/english/dispute > accessed on 13 November, 2025
Koriat &Co., ‘Child Custody Dispute: Lessons from Williams V. Williams’
< https://koriatlaw.com/child-custody-dispute-lessons-from-williams-v-williams/ > accessed on 13 November, 2025.
UNICEF, ‘Convention on the Rights of the Child’ < https://www.unicef.org/child-rights-convention/convention-text > accessed on 13 November, 2025.
1st Attorneys, ‘Understanding Statutory and Customary Marriages under the Marriage Act: Essential Requirements and Legal Implications’ (2024)
< https://1stattorneys.com/articles/2024/06/24/understanding-statutory-and-customary-marriages-under-the-marriage-act-essential-requirements-and-legal-implications/ > accessed 13 November 2025.
Mobisola Odimegwu, ‘Reduce Matrimonial Disputes by Acting in Your Child’s Best Interest’ (Sofia Legal, 10 December 2024) < https://sofialegal.ng/2024/12/10/reduce-matrimonial-disputes-by-acting-in-your-childs-best-interest/ > accessed 13 November 2025
ELegal, Using ADR to Reach Family Settlement In Family Dispute In Nigeria (24 December 2022)
< https://elegalonline.com/using-adr-to-reach-family-settlement-in-family-dispute-in-nigeria/ > accessed on 15 November, 2025.
Kene Okwumo, ‘Highlights of The New Lagos State High (Civil Procedure) Rules 2019’ (Mondaq, 2 March 2020) < https://www.mondaq.com/nigeria/arbitration-dispute-resolution/898966/highlights-of-the-new-lagos-state-high-civil-procedure-rules-2019 > accessed on 16 November, 2025.
Law Commission, ‘Reform of the Grounds of Divorce: The Field of Choice’ (Report by the Law Commission on a Reference under section 3(1(e) of the Law Commission Act 1965’ < https://s3-eu-west-2.amazonaws.com/lawcom-prod-storage-11jsxou24uy7q/uploads/2016/08/LC.-006-REFORM-OF-THE-GROUNDS-OF-DIVORCE-THE-FIELD-OF-CHOICE-REPORT-ON-A-REFERENCE-UNDER-SECTION-3le-OF-THE-LAW-COMMISSIONS-ACT-1965.pdf > accessed on 15 November, 2025.
Federal Foreign Office, ‘Basics of Mediation: Concepts and Definitions’ Fact Sheet Series: Peace Mediation and Mediation Support Library (27 Feb 2017)
Templars Thought Lab, National Policy on Arbitration and ADR 2024: A Positive Step for Nigeria? (18 march, 2025) < https://www.templars-law.com/app/uploads/2025/03/National-Policy-on-Arbitration-and-ADR-2024.pdf >
PAPERS
Akanle, Negotiation Dynamics and the Avoidance of Litigation in Legal Practice (Centre for African Law and Development Studies, Lagos, 1995)
Mbanasor O., Critique of the Nigerian Fault-Based Divorce Regime as a Violation of Human Rights (LL.B Project Paper, 2024)
<https://papers.ssrn.com/sol3/Delivery.cfm/5174691.pdf?abstractid=5174691&mirid=1> accessed on 15 November, 2025.
Anekwe, Angela Ekene, Legal Framework for the Dissolution of Marriage in Nigeria: Prospects, Challenges and the Way Forward (UNIZIK Paper, September 29, 2024).
Frank Sander, Alternative means of Dispute Resolution (1982) Keynote at the America Bar Association National conference. 22.
*Makuachukwu Blessing Ewelukwa, LL.B, BL,AICMC
Mobile: +234 8027753118, Email: makuachukwublessing@gmail.com
[1] Mobisola Odimegwu, ‘Reduce Matrimonial Disputes by Acting in Your Child’s Best Interest’ (Sofia Legal, 10 December 2024) < https://sofialegal.ng/2024/12/10/reduce-matrimonial-disputes-by-acting-in-your-childs-best-interest/ > accessed 13 November 2025.
[2] Kokunre Agbontaen-Eghafona, ‘The Changing Phases of African Marriage and Family: Perspectives on Nigeria in the African Context’ (2024) <https://www.pass.va/en/events/2021/family_ecology/eghafona.html accessed 13 November 2025.
[3] Ibid.
[4] B.T., Akhmedov, ‘ The Family as the Basic Unit of Society’ (2021) 8(1) IJMMU
<https://www.researchgate.net/publication/357359326_The_Family_as_the_Basic_Unit_of_Society/citation/download > accessed on 13 November, 2025
[5] Rubin KH, Coplan RJ and Bowker JC, ‘Social withdrawal in childhood’ (2009)60:141-71.
< https://pmc.ncbi.nlm.nih.gov/articles/PMC3800115/ > accessed on 13 November, 2025
[6] Oladapo Adewale, ‘Litigation and the Challenges of Family Dispute Resolution in Nigeria’ (2020) Bar Journal (2020) 15(1) 201.
[7] George Ime, Ukpong David and Imah Eme, ‘Cultural Diversity of Marriage Sustainability in Nigeria: Strengths and Challenges’(2014) Sociology and Anthropology 2 (1) 7-14
<https://www.researchgate.net/publication/355651364_Cultural_Diversity_of_Marriage_Sustainability_in_Nigeria_Strengths_and_Challenges > accessed 13 November 2025.
[8]Hyde v Hyde (1860) L.R. 1PD 130.
[9] Shaw v Gould (1868) L.R. 3 H.L., 55, 82.
[10] 1st Attorneys, ‘Understanding Statutory and Customary Marriages under the Marriage Act: Essential Requirements and Legal Implications’ (2024)
<https://1stattorneys.com/articles/2024/06/24/understanding-statutory-and-customary-marriages-under-the-marriage-act-essential-requirements-and-legal-implications/ > accessed 13 November 2025.
[11] Salako v Salako (1973) 11 CCCHCJ 105
[12] Iseoluwa Aina and Oluwadamilola Oniyire, ‘MarriageDisputes in Nigeria: Alternative Dispute Resolution as a means of Resolution’ (2025) ALR
< https://djetlawyer.com/alternative-dispute-resolution-in-marriage-dispute/ > accessed 13 November 2025.
[13] Ibid.
[14] Ibid.
[15] Matrimonial Causes Act, 2004, ss 2–3.
[16] Focus on the Family, ‘Understanding and Handling Marital Conflict’, (2023)
< https://www.focusonthefamily.com/family-qa/understanding-and-handling-marital-conflict/ > accessed on 13 November, 2025
[17] Collins Dictionary < https://www.collinsdictionary.com/dictionary/english/dispute > accessed on 13 November, 2025
[18] Ade-Oshifogun J, Olaore A and Agyemang KA, ‘Perceived causes of marital dissatisfaction among Nigerian immigrants in North America: A qualitative study’ (2025)20(8) PLoS One
< https://pmc.ncbi.nlm.nih.gov/articles/PMC12331035/ > accessed on 13 November, 2025
[19] B D’Onofrio and R Emery, “Parental Divorce or Separation and Children’s Mental Health”(2019)18(1) World Psychiatry, 100–101
[20] L L Laursen, K B Madsen, C Obel and L Hohwü, “Family Dissolution and Children’s Social Well-Being at School: A Historic Cohort Study” (2019) 19 BMC Pediatrics 449
[21] Black’s law dictionary (9th edn 2009)
[22] Matrimonial Causes Act 1970 s 114
[23] Mbanasor,, Critique of the Nigerian Fault-Based Divorce Regime as a Violation of Human Rights (LL.B Project Paper, 2024)
< https://papers.ssrn.com/sol3/Delivery.cfm/5174691.pdf?abstractid=5174691&mirid=1> accessed on 15 November, 2025.
[24] H. Ijaiya , “Alternative to Adjudication in Settlement of Matrimonial Disputes” (2004)1(5) UDUS Law Journal, 80.
[25] T. Carbonneau, “A Consideration of Alternatives to Divorce Litigation” (1986) 4 (2) U.M.L Review Journal, 1119.
[26] Law Commission.’ Reform of the Grounds of Divorce: The Field of Choice (Report by the Law Commission on a Reference under section 3(1(e) of the Law Commission Act 1965’ < https://s3-eu-west-2.amazonaws.com/lawcom-prod-storage-11jsxou24uy7q/uploads/2016/08/LC.-006-REFORM-OF-THE-GROUNDS-OF-DIVORCE-THE-FIELD-OF-CHOICE-REPORT-ON-A-REFERENCE-UNDER-SECTION-3le-OF-THE-LAW-COMMISSIONS-ACT-1965.pdf > accessed on 15 November, 2025.
[27] H. Ijaiya “Alternative to Adjudication in Settlement of Matrimonial Disputes” (2004)1 (5) UDUS Law Journal, 80.
[28] Olawale, Esther, Mainstreaming Section 15 of the Matrimonial Causes Act 1970 as a Panacea for Marital Challenges (May 05, 2023) < https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5546479 > accessed 13 November 2025.
[29] Anekwe, Angela Ekene, Legal Framework for the Dissolution of Marriage in Nigeria: Prospects, Challenges and the Way Forward (September 29, 2024). Paper, Nnamdi Azikiwe University Awka
[30] Frank Sander, ‘Alternative means of Dispute Resolution’ (1982) Keynote at the America Bar Association National conference. 22.
[31] Federal Foreign Office, ‘Basics of Mediation: Concepts and Definitions’ Fact Sheet Series: Peace Mediation and Mediation Support Library (27 Feb 2017)
[32] Numfor Thaddeus Tanifum and Sundjo Fabien, “The Importance of Mediation as an Alternative Dispute Resolution Method” IQ Res J (2024)3(12): pp 01-19.
[33] J. Ogaji, ‘The Viability of Applying Alternative Dispute Resolution Processes in the Niger-Delta Conflict’ http://wrap.warwick.ac.uk/60366/1/WRAP_THESIS_Ogaji_2013.pdf > accessed 13 November 2025.
[34] Iseoluwa Aina and Oluwadamilola Oniyire, MarriageDisputes in Nigeria: Alternative Dispute Resolution as a means of Resolution , Abuad Law Review, (Djetlawyer 2025)
< https://djetlawyer.com/alternative-dispute-resolution-in-marriage-dispute/ > accessed 13 November 2025.
[35] O. Akanle, ‘Negotiation Dynamics and the Avoidance of Litigation in Legal Practice’ paper delivered at the Centre for African Law and Development Studies, Lagos 1995.
[36] Abiola Sanni, ‘The Legal Framework for Alternative Dispute Resolution in Nigeria’ (2018) 32 Journal of Law and Conflict Resolution 45.
[37] Lagos Multi-Door Courthouse, Annual Report (LMDC 2020).
[38] kene Okwumo, Highlights Of The New Lagos State High (Civil Procedure) Rules 2019 (Mondaq, 2 March 2020) < https://www.mondaq.com/nigeria/arbitration-dispute-resolution/898966/highlights-of-the-new-lagos-state-high-civil-procedure-rules-2019 > accessed on 16 November, 2025.
[39] Howard Zehr, The Little Book of Restorative Justice (Good Books 2015).
[40] ELegal, Using ADR To Reach Family Settlement In Family Dispute In Nigeria
[41] Neema Amani U., ‘Family Law: The Role of Communication in Mediation’ (2025) IAA JOURNAL OF COMMUNICATION 11(1):30-36 < https://www.iaajournals.org/wp-content/uploads/2025/07/IAA-JC-P5-2025.pdf > accessed on 13 November, 2025.
[42] K. Wilensky, “Alternative Dispute Resolution in Matrimonial Cases” (1995) NYLJ; 21.
[43] Williams v. Williams (1987) 2 NWLR (PT. 54) PG. 66
[44] Koriat &Co. , ‘Child Custody Dispute: Lessons from Williams V. Williams’
< https://koriatlaw.com/child-custody-dispute-lessons-from-williams-v-williams/ > accessed on 13 November, 2025.
[45] Child’s Rights Act 2003, s 1.
[46] UNICEF, Convention on the Rights of the Child < https://www.unicef.org/child-rights-convention/convention-text > accessed on 13 November, 2025.
[47] J. Sternlight, ‘Is Alternative Dispute Resolution Consistent with the Rule of Law?: Lessons from Abroad’ (2007) 56(2) DePaul Law Review < https://via.library.depaul.edu/law-review/vol56/iss2/15 > accessed 16 November 2025.
[48] W Little and L William, Introduction to Sociology – 1st Canadian Edition (BC Campus, Victoria 2014)
[49] Templars Thought Lab, National Policy on Arbitration and ADR 2024: A Positive Step for Nigeria? (18 march, 2025) < https://www.templars-law.com/app/uploads/2025/03/National-Policy-on-Arbitration-and-ADR-2024.pdf >
