[PDF] Family Law Arbitration eBook

Author : Samia Bano
Publisher :
Page : 0 pages
File Size : 13,62 MB
Release : 2017
Category : Family & Relationships
ISBN : 9781512600353

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How mediation and religious dispute-resolution mechanisms operate within diverse communities

Author : Suzanne Kingston
Publisher : Bloomsbury Publishing
Page : 337 pages
File Size : 39,63 MB
Release : 2022-05-31
Category : Law
ISBN : 1526522098

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Family Law Arbitration is a guide to arbitration in family matters both financial and in respect of children. It sets out: - what is meant by arbitration - the process - the purpose - its benefits - important cases including arbitration decisions confirmed in the High Court It gives practitioners and lay individuals an understanding of family law arbitration, how it works in family matters and what can be expected when an arbitration proceeds, showing both the lawyers involved and the client all they need to know in terms of practice and procedure. There have been a number of developments since publication of the second edition in 2017 including numerous cases and revised practice guidance over the years which are referenced in the book In particular, there is new material on: - Arbitration – practical tips and a comparative table of family arbitration around the world - Children Scheme allowing leave to remain in Hague countries - The case of Haley v Haley which provided important considerations in relation to the appeal of family law arbitration. - Impact of Covid – many people are choosing arbitration over appearing in court. - The 'Certainty Project' and looking to the future. The practical nature of the work is enhanced by comprehensive Appendices: Forms and Precedents which include: - Draft letters to solicitors/client in respect of financial and children issues - A pre-commitment Questionnaire - Checklist for discussion at the IFLA Family Arbitration first meeting - Arbitrator's Terms of Engagement - A final checklist - Draft letters to HMCTS - Titles for New Square Omnibus Orders - Order to stay proceedings - Enforcement of an Arbitrator's Order - Securing attendance of witnesses Family Law Arbitration is essential reading for the judiciary, legal practitioners, local authorities, academics and students in the UK. It is also of interest to the legal profession, academics and students internationally as it provides a comparison of Family Law Arbitration in England and Wales with the regime in other jurisdictions as well as an understanding as to its advancement and development and why Arbitration in England and Wales can assist in international family law matters. This book has been used as a main resource of followers of the International Academy of Family Lawyers (IAFL). This title is included in Bloomsbury Professional's Family Law online service.

Author : Jane C. Murphy
Publisher : NYU Press
Page : 227 pages
File Size : 14,10 MB
Release : 2015-06-26
Category : Family & Relationships
ISBN : 1479842206

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Over the past thirty years, there has been a dramatic shift in the way the legal system approaches and resolves family disputes. Traditionally, family law dispute resolution was based on an “adversary” system: two parties and their advocates stood before a judge who determined which party was at fault in a divorce and who would be awarded the rights in a custody dispute. Now, many family courts are opting for a “problem-solving” model in which courts attempt to resolve both legal and non-legal issues. At the same time, American families have changed dramatically. Divorce rates have leveled off and begun to drop, while the number of children born and raised outside of marriage has increased sharply. Fathers are more likely to seek an active role in their children’s lives. While this enhanced paternal involvement benefits children, it also increases the likelihood of disputes between parents. As a result, the families who seek legal dispute resolution have become more diverse and their legal situations more complex. In Divorced from Reality, Jane C. Murphy and Jana B. Singer argue that the current "problem solving" model fails to address the realities of today's families. The authors suggest that while today’s dispute resolution regime may represent an improvement over its more adversary predecessor, it is built largely around the model of a divorcing nuclear family with lawyers representing all parties—a model that fits poorly with the realities of today's disputing families. To serve the families it is meant to help, the legal system must adapt and reshape itself.

Author : Jane Murphy
Publisher : Routledge
Page : 1146 pages
File Size : 28,94 MB
Release : 2017-03-02
Category : Law
ISBN : 1351903829

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Over the past two decades, virtually all areas of family law have undergone major doctrinal and theoretical changes - from the definition of marriage, to the financial and parenting consequences of divorce, to the legal construction of parenthood. An equally important set of changes has transformed the resolution of family disputes. This 'paradigm shift' in family conflict resolution has reshaped the practice of family law and has fundamentally altered the way in which disputing families interact with the legal system. Moreover, the changes have important implications for the way that family law is understood and taught. This volume examines the contours of this paradigm shift in family conflict resolution and explores its implications for family law scholarship and practice. The interdisciplinary compilation includes contributions from lawyers, legal academics, social scientists and mental health professionals. As the articles in the volume demonstrate, the transformation in family conflict resolution holds considerable promise for disputing families, but it also raises a number of challenges. These challenges include concerns about the institutional competence of courts, the surrender of fact-finding and decision-making to individuals without legal training, the loss of autonomy and privacy for family members subject to continuing court oversight and the disjunction between problem-solving justice and authoritative legal norms. By exploring both the promise of the new paradigm and its potential pitfalls, this volume engages family law scholars and offers insights to judges, practitioners and policy makers responsible for serving families in conflict.

Author : Anna Korteweg
Publisher : University of Toronto Press
Page : 417 pages
File Size : 36,58 MB
Release : 2012-05-03
Category : Social Science
ISBN : 1442694424

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When the Islamic Institute of Civil Justice announced it would begin offering Sharia-based services in Ontario, a subsequent provincial government review gave qualified support for religious arbitration. However, the ensuing debate inflamed the passions of a wide range of Muslim and non-Muslim groups, garnered worldwide attention, and led to a ban on religiously based family law arbitration in the province. Debating Sharia sheds light on how Ontario's Sharia debate of 2003-2006 exemplified contemporary concerns regarding religiosity in the public sphere and the place of Islam in Western nation states. Focusing on the legal ramifications of Sharia law in the context of rapidly changing Western liberal democracies, Debating Sharia approaches the issue from a variety of methodological perspectives, including policy and media analysis, fieldwork, feminist examinations of the portrayals of Muslim women, and theoretical examinations of religion, Sharia, and the law. This volume is an important read for those who grapple with ethnic and religio-cultural diversity while remaining committed to religious freedom and women's equality.