Towards the institutionalization of divorce mediation in Nigeria: a case study of Enugu State

dc.contributor.advisorBarratt, Amanda
dc.contributor.authorAnidi, Ugochinyelu Chikodili Nerissa
dc.date.accessioned2020-12-23T06:04:23Z
dc.date.available2020-12-23T06:04:23Z
dc.date.issued2020
dc.date.updated2020-12-23T05:40:59Z
dc.description.abstractNigerian divorce laws and the divorce litigation process pose severe psychological, social-cultural, economic, and legal problems for families going through divorce in Nigeria. This thesis argues that divorce mediation may be able to ameliorate the harsh effects of these laws and process. This thesis seeks to achieve the following objectives: (1) To determine if the divorce mediation process can achieve the goals of a good divorce process, (2) To determine if the divorce mediation process can provide solutions to the myriad of unique problems which face families going through divorce in Nigeria, and (3) To determine the possibility of incorporating divorce mediation into the family dispute resolution system in Nigeria through an institutionalized divorce mediation program at the government-funded citizens' mediation centres. These objectives are achieved through an in-depth review of the customary and statutory laws regulating marriage and divorce in Nigeria as well as a review of the divorce litigation process in Nigeria. This thesis employs both desk and empirical research methods. It examines legislation, policy documents and academic treatises on divorce and divorce mediation. It also utilizes semistructured interviews to examine the Citizens' Rights and Mediation Centre, Enugu State, to determine its viability as a vehicle for the institutionalization of divorce mediation in Nigeria. The thesis finds that indeed divorce mediation achieves the aims of good divorce law. It further finds that while the divorce mediation process is not a panacea, its features lend themselves easily to the resolution of the myriad of problems which face families going through divorce in Nigeria. It also finds that divorce mediation can be incorporated into the Nigerian family dispute resolution system through an institutionalized divorce mediation program at the state-funded citizens' mediation centres present in several states in the country. It concludes that incorporating divorce mediation into the family dispute resolution system in Nigeria will ameliorate some of the harsh effects of the current divorce system. It offers short and long term proposals for the institutionalization of divorce mediation in Nigeria.
dc.identifier.apacitationAnidi, U. C. N. (2020). <i>Towards the institutionalization of divorce mediation in Nigeria: a case study of Enugu State</i>. (). ,Faculty of Law ,Department of Private Law. Retrieved from http://hdl.handle.net/11427/32443en_ZA
dc.identifier.chicagocitationAnidi, Ugochinyelu Chikodili Nerissa. <i>"Towards the institutionalization of divorce mediation in Nigeria: a case study of Enugu State."</i> ., ,Faculty of Law ,Department of Private Law, 2020. http://hdl.handle.net/11427/32443en_ZA
dc.identifier.citationAnidi, U.C.N. 2020. Towards the institutionalization of divorce mediation in Nigeria: a case study of Enugu State. . ,Faculty of Law ,Department of Private Law. http://hdl.handle.net/11427/32443en_ZA
dc.identifier.ris TY - Doctoral Thesis AU - Anidi, Ugochinyelu Chikodili Nerissa AB - Nigerian divorce laws and the divorce litigation process pose severe psychological, social-cultural, economic, and legal problems for families going through divorce in Nigeria. This thesis argues that divorce mediation may be able to ameliorate the harsh effects of these laws and process. This thesis seeks to achieve the following objectives: (1) To determine if the divorce mediation process can achieve the goals of a good divorce process, (2) To determine if the divorce mediation process can provide solutions to the myriad of unique problems which face families going through divorce in Nigeria, and (3) To determine the possibility of incorporating divorce mediation into the family dispute resolution system in Nigeria through an institutionalized divorce mediation program at the government-funded citizens' mediation centres. These objectives are achieved through an in-depth review of the customary and statutory laws regulating marriage and divorce in Nigeria as well as a review of the divorce litigation process in Nigeria. This thesis employs both desk and empirical research methods. It examines legislation, policy documents and academic treatises on divorce and divorce mediation. It also utilizes semistructured interviews to examine the Citizens' Rights and Mediation Centre, Enugu State, to determine its viability as a vehicle for the institutionalization of divorce mediation in Nigeria. The thesis finds that indeed divorce mediation achieves the aims of good divorce law. It further finds that while the divorce mediation process is not a panacea, its features lend themselves easily to the resolution of the myriad of problems which face families going through divorce in Nigeria. It also finds that divorce mediation can be incorporated into the Nigerian family dispute resolution system through an institutionalized divorce mediation program at the state-funded citizens' mediation centres present in several states in the country. It concludes that incorporating divorce mediation into the family dispute resolution system in Nigeria will ameliorate some of the harsh effects of the current divorce system. It offers short and long term proposals for the institutionalization of divorce mediation in Nigeria. DA - 2020_ DB - OpenUCT DP - University of Cape Town KW - Private Law LK - https://open.uct.ac.za PY - 2020 T1 - Towards the institutionalization of divorce mediation in Nigeria: a case study of Enugu State TI - Towards the institutionalization of divorce mediation in Nigeria: a case study of Enugu State UR - http://hdl.handle.net/11427/32443 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/32443
dc.identifier.vancouvercitationAnidi UCN. Towards the institutionalization of divorce mediation in Nigeria: a case study of Enugu State. []. ,Faculty of Law ,Department of Private Law, 2020 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/32443en_ZA
dc.language.rfc3066eng
dc.publisher.departmentDepartment of Private Law
dc.publisher.facultyFaculty of Law
dc.subjectPrivate Law
dc.titleTowards the institutionalization of divorce mediation in Nigeria: a case study of Enugu State
dc.typeDoctoral Thesis
dc.type.qualificationlevelDoctoral
dc.type.qualificationlevelPhD
Files
Original bundle
Now showing 1 - 1 of 1
Loading...
Thumbnail Image
Name:
thesis_law_2020_anidi ugochinyelu chikodili nerissa.pdf
Size:
3 MB
Format:
Adobe Portable Document Format
Description:
License bundle
Now showing 1 - 1 of 1
Loading...
Thumbnail Image
Name:
license.txt
Size:
0 B
Format:
Item-specific license agreed upon to submission
Description:
Collections