Divorce Mediation in Nigeria: The Ogun State Multi-door Court in Perspective

Abstract

(Statutory) marriage is a sacred contract that is meant to endure the vicissitudes of life. Unfortunately, marital conflicts sometimes escalate between couples to the point of judicial separation or divorce due to irreconcilable differences with emotional, physical and financial stress upon couples, their children and even the society. Consequently, this article draws on the author's empirical research, discussions with a family law lecturer, review of divorce mediation literature, and analysis of Nigerian statutes, case-law and rules of court to consider the opportunities and challenges for mandatory divorce mediation in Nigeria. The paper also contextualizes the effectiveness of mediating ancillary claims like child custody and visitation, maintenance, property settlement, etc., within the emerging Multi-Door Court (MDC) system to avoid damage and stress associated with divorce ligation. The paper therefore contributes to ongoing debate on the merits of divorce mediation as alternative to litigation based on the MDC system of justice. Ultimately, the paper concludes that mandatory divorce mediation in Ogun State would considerably reduce the caseload of judges, protect the dignity and post-divorce relationships of divorcing couples, and protect children from emotional harm arising from the break-ups of 'eggshell' marriages.