Arbitration In Family Disputes: A Critical Analysis

Disputes arise between members of the family due to disagreement over certain matters, and this may lead to a form of disharmony often tagged family disputes. Family disputes may be caused by disagreements over the rights, duties, and liabilities of each member of the family; they may also be caused by bad interpersonal relationships between members of the family, and such disputes may also be a result of custody of children and maintenance of a spouse in the case of a dissolved marriage¹.

Generally, the Arbitration and Mediation Act does not expressly provide for arbitration in family disputes. Arbitration in Nigeria is generally used to settle commercial disputes because commercial disputes require quick dispensation, privacy, and confidentiality. However, family disputes require more privacy, confidentiality, and quick dispensation. Litigation has however, has not been able to protect the secrecy that family disputes require. This is because the courtroom is open