Abstract:
Marital conflict is a major social challenge cutting across Africa, Nigeria, and prevalent in Ibadan locality. There are governmental and non-governmental mechanisms for its management and resolution, however complainants appear to prefer the services of Non-Governmental Organisations (NGOs); utilising Alternative Dispute Resolution (ADR) mechanisms which are pro bono (no charges) fast and appear effective. Existing studies have focused more on government mechanism (litigation) than the use of ADR. This study was, therefore, designed to examine the use of ADR mechanisms for the management and resolution of marital conflict by NGOs in Ibadan, Nigeria.
Theories of Structural-Functionalism and Human Needs provided the framework, while case study method was adopted. Purposive sampling was used to select two prominent NGOs, namely Federation of International Women Lawyers (FIDA) Oyo, and the Women’s Law Clinic (WLC), University of Ibadan, whose core terms of reference are marital conflict management. Key informant interviews were conducted with the two leaders of the organisations, while in-depth interviews were held with 34 respondents: six volunteers/clinicians, 10 complainants and an administrative staff each from the two organisations. Secondary data were derived from newsletter publications supplied by the NGOs. Data were contently analysed.
The NGOs attend to all forms of marriage in Nigeria - statutory and traditional/nikah. Cohabitation emerged unexpectedly as a trend in the cases they intervened in; with ADR mechanisms of mediations, negotiation, and conciliation for conflicts caused by human basic welfare needs. The ADR mechanisms were preferred to litigation which is the traditional method because they provide options that reconcile couples without necessarily exposing the family to the tedious process of litigation while desired needs were met. The process of ADR mechanisms went through the stages of introduction, storytelling, mediation/negotiation/conciliation, settlement, and monitoring. The mechanisms are interwoven in application such that the choice of mechanism can be specific or a combination, depending on the nature or complexity of conflict. For instance, mediation was used to resolve conflicts caused by scarce resources such as financial support for mother and children. Negotiation was added in instances of value-based conflicts like custody of children and in-laws intrusion in order to appeal to the ‘Ọmọlúàbí’ (appropriate conduct) of the husband because NGOs have no legal power to impose the (recommendations) procedure. In other instances, when marital conflict had to do with psychological needs like sex and ego which sometimes brought about threat to life, mechanisms went beyond mere mediation to include negotiation and conciliation where complainants were counseled on temporary separation to defuse tension. Although NGOs do not encourage divorce, they would counsel separation when threat to life was involved. There was always an achievement of management or resolution at any intervention, although in infinitesimal instances parties truncate the process, and usually, where mechanisms proved abortive, couples were referred to court.
The Alternative Dispute Resolution mechanisms utilised by Non-Governmental Organisations in Ibadan have proven their effectiveness in marital conflict management, rescuing a number of marriages from adversarial end product like divorce. Government could empower mediators through legislation to prevent parties from truncating the process.
