Alternative dispute resolution and access to justice for women PDF Download

Author: Kathy Mack
Publisher:
ISBN:
Category :
Languages : en
Pages : 146

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Book Description

Author: Nelson F. Kofie
Publisher:
ISBN: 9781668434895
Category :
Languages : en
Pages : 288

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Book Description
"This book delves into issued of 'Civil justice' which refers to that part of a legal system that is concerned with the legal relations between people (including 'legal persons') as distinct from 'criminal justice' i.e. that part of the legal system concerned with actions by the state against people and looks at contracts, personal injury, property and the breakdown of family relations as familiar examples of civil disputes"--

Author: Samia Bano
Publisher:
ISBN: 9781512600353
Category : Family & Relationships
Languages : en
Pages : 0

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

Author: Dafna Lavi
Publisher: Routledge
ISBN: 1351104462
Category : Social Science
Languages : en
Pages : 228

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Book Description
Dealing with the interface between the Alternative Dispute Resolution (ADR) movement and the phenomenon of domestic violence against women, this book examines the phenomenon of divorce disputes involving violence through the prism of ‘alternative justice’ and the dispute resolution mechanisms offered by the ADR movement. This book is the first academic treatise presenting the theoretical underpinnings of the correlation between the ADR movement and divorce disputes involving violence, and the potential contribution of this movement to the treatment of disputes of this nature. Through mapping the main values of the ADR movement, the book proposes a theoretical-analytical basis for understanding the inability of the legal system to deal with disputes of this nature, alongside a real alternative, in the form of the ADR mechanisms.

Author:
Publisher:
ISBN:
Category : Conflict management
Languages : en
Pages : 90

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Book Description
With reference to Bangladesh.

Author: Neelam Tyagi
Publisher: Springer Nature
ISBN: 9811610150
Category : Law
Languages : en
Pages : 331

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Book Description
This book examines the practice of Alternative Dispute Resolution (ADR) as it stands today in the context of matrimonial disputes and for providing gender justice for women undergoing matrimonial litigation. ADR is a fairly recent but increasingly prevalent phenomenon that has significantly evolved due to the failure of the adversarial process of litigation to provide timely resolution of disputes. The book explores the merit and demerit of traditional litigation process and emergence, socio-legal framework, work environment and success rate of various ADR processes in general and for resolving matrimonial disputes in particular. It comprehensively discusses the role of various institutions and attitudes and perceptions of ADR practitioners. It analyzes the influence of patriarchal cultural assumptions of appropriate feminine behaviour and its effect on ADR practitioners like mediators and counsellors that leads to the marginalization of aggrieved woman’s issues. With a brief analysis of the experience and challenges faced with the way the ADR process is conducted, the focus is on probing the vulnerability of aggrieved women. The book critiques the practice of ADR as it is today and offers constructive ways forward by providing suggestions, insights, and analysis that could bring about a transformation in the way justice is delivered to women. This in-depth study is an attempt to guide decision making by bringing forth and legitimizing the battered women’s voice which often goes unrepresented, in the debate about the efficacy of ADR mechanism in resolving matrimonial disputes. The book is of interest to those working for justice for women, particularly in the context of matrimonial disputes -- legal professionals, mediators, counsellors, judges, academicians, women rights activists, researchers in the field of gender and women studies, social work and law, ADR educators, policymakers and general readers who are inclined and interested in bringing a gender perspective to their area of work.

Author: Samia Bano
Publisher: Brandeis University Press
ISBN: 1512600369
Category : Law
Languages : en
Pages : 350

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Book Description
Recently, new methods of dispute resolution in matters of family law-such as arbitration, mediation, and conciliation-have created new forms of legal culture that affect minority communities throughout the world. There are now multiple ways of obtaining restitution through nontraditional alternative dispute resolution (ADR) mechanisms. For some, the emergence of ADRs can be understood as part of a broader liberal response to the challenges presented by the settlement of migrant communities in Western liberal democracies. Questions of rights are framed as "multicultural challenges" that give rise to important issues relating to power, authority, agency, and choice. Underpinning these debates are questions about the doctrine and practice of secularism, citizenship, belonging, and identity. Gender and Justice in Family Law Disputes offers insights into how women's autonomy and personal decision-making capabilities are expressed via multiple formal and nonformal dispute-resolution mechanisms, and as part of their social and legal lived realities. It analyzes the specific ways in which both mediation and religious arbitration take shape in contemporary and comparative family law across jurisdictions. Demarcating lines between contemporary family mediation and new forms of religious arbitration, Bano illuminates the complexities of these processes across multiple national contexts.

Author: Yin, Elijah Tukwariba
Publisher: IGI Global
ISBN: 1799878996
Category : Law
Languages : en
Pages : 265

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Book Description
The civil justice system is characterized by a distinct dispute resolution and law enforcement functions, although these functions are not always explicit and their relationship can be vague. People normally turn to this legal system to address an “unjust" situation they encounter. This makes civil justice both socially and economically important, as it may be driven by efficiency or access to justice concerns. The literature suggests that law reform has an uninspiring record in this field. This is because it has, largely, not been considered with a detailed, empirically informed evaluation of proposed solutions. This legal system is complex, and research in this field is correspondingly challenging, interesting, and important. Advancing Civil Justice Reform and Conflict Resolution in Africa and Asia: Comparative Analyses and Case Studies provides significant empirical research findings as well as theoretical reviews and frameworks on a wide array of issues within civil justice and the legal system. This includes topic areas such as access to justice and legal representation, the challenges to developing civil justice, courts and procedures, and civil justice reform. This book is valuable for lawyers, human rights lawyers, court officials, psychologists, social workers, sociologists, consultants, professionals, academicians, students, and researchers working in the field of law, socio-legal studies, sociology, anthropology, political science, social work, social policy, economics, and criminal justice, along with anyone seeking updated information on the current reforms and challenges within the civil justice and legal systems.

Author: Jay Folberg
Publisher: Aspen Publishing
ISBN: 1543844359
Category : Law
Languages : en
Pages : 804

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Book Description
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Resolving Disputes: Theory, Practice, and Law, Fourth Edition, covers negotiation, mediation, arbitration, and hybrid approaches, preparing law students to represent clients in all types of alternative dispute resolution. The text is practical, while grounded in theory. Drawing on the authors’ decades of experience as teachers, practicing neutrals, and ADR trainers, this casebook provides vivid examples from actual cases, literature, and current media. It also offers diverse readings by leading authors, along with comprehensive video-based resources and attention to prominent developments in the field. The text integrates coverage of law, ethics, and practice, as well as interesting notes, thoughtful problems, and provocative questions. New to the Fourth Edition: Fresh new material and perspectives benefiting from two new coauthors More problems, techniques, resources, and video-based examples of effective representation in mediation Integrated access to videos, allowing students to view professionals applying techniques discussed in the book as they read Streamlined presentation—concise excerpts and summaries that allow shorter reading assignments Greater coverage of online dispute resolution (ODR) and dispute systems design (DSD)—two of the most important new directions in the field Increased focus on gender, #MeToo, culture, social activism, historical inequities, anti-racism, and other crucial issues affecting dispute resolution today Discussion of how dispute resolution is changing with new technological advances, social trends and hybrid processes Expanded arbitration section, with attention to adhesion contracts, recent cases and legislation Access to arbitration games, exercises and streaming interviews with top arbitration experts An in-depth chapter on mixing ADR modes and hybrid processes Professors and student will benefit from: Organization and readings designed to be used as part of an active experiential class without sacrificing the deep knowledge expected in a law school course Informal writing style, interesting examples, practical advice, and thought-provoking questions, all written specifically for law students who will soon represent clients in resolving disputes Practice-based approach that helps students apply the concepts and better identify the value in the content Exercises and problems that facilitate classroom discussion

Author: Sahar Maranlou
Publisher: Cambridge University Press
ISBN: 1107072603
Category : Law
Languages : en
Pages : 277

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Book Description
A critical and in-depth analysis of access to justice from international and Islamic perspectives, with a specific focus on access by women.