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Evaluation Of Mediation In Family Disputes In Scotland
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Book Synopsis Mediation in Family Disputes by : Marian Roberts
Download or read book Mediation in Family Disputes written by Marian Roberts and published by Ashgate Publishing, Ltd.. This book was released on 2008-08-01 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the authoritative textbook on family mediation. As well as mediators, this work will be indispensable for practitioners and scholars across a wide range of fields, including social work and law. It draws on a wide cross-disciplinary theoretical literature and on the author's extensive and continuing practice experience. It encompasses developments in policy, research and practice in the UK and beyond. Roberts presents mediation as an aid to joint decision-making in the context of a range of family disputes, notably those involving children. Mediation is seen as a process of intervention distinct from legal, social work and therapeutic practice, drawing on a distinctive body of knowledge across disciplinary fields including anthropology, psychology and negotiation theory. Incorporating empirical evidence, the book emphasizes the value of mediation in mitigating the harmful effects of family breakdown and conflict. First published in 1988 as a pioneering work, this third edition has been fully updated to incorporate legal and policy developments in the UK and in Europe, new sociological and philosophical perspectives on respect, justice and conflict, and international research and practice innovations.
Book Synopsis Global Trends in Mediation by : Nadja Marie Alexander
Download or read book Global Trends in Mediation written by Nadja Marie Alexander and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: In its first edition, Global Trends in Mediation was the first book to concentrate on mediation from a comparative perspective - reaching beyond the all-too-familiar Anglo-American view - and as such has enjoyed wide practical use among alternative dispute resolution (ADR) practitioners worldwide. This new edition has not only been updated throughout; it has also added two new jurisdictions (France and Quebec) and a very useful comparative table summarising the salient points from each of the fourteen jurisdictional chapters. Each jurisdictional chapter addresses critical structural and process issues in alternative dispute resolution such as the institutionalisation of mediation, mediation case law and legislation, the range and nature of disputes where mediation is utilised, court-related mediation, mediation practice standards, education, training and accreditation of mediators, the role of lawyers in mediation, online dispute resolution and future trends. All the contributors are senior dispute resolution academics or practitioners with vast knowledge and experience of dispute resolution developments in their countries and abroad.
Book Synopsis Mediation in Family Disputes by : Marian Roberts
Download or read book Mediation in Family Disputes written by Marian Roberts and published by Routledge. This book was released on 2017-11-28 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the authoritative textbook on family mediation. As well as mediators, this work will be indispensable for practitioners and scholars across a wide range of fields, including social work and law. It draws on a wide cross-disciplinary theoretical literature and on the author's extensive and continuing practice experience. It encompasses developments in policy, research and practice in the UK and beyond. Roberts presents mediation as an aid to joint decision-making in the context of a range of family disputes, notably those involving children. Mediation is seen as a process of intervention distinct from legal, social work and therapeutic practice, drawing on a distinctive body of knowledge across disciplinary fields including anthropology, psychology and negotiation theory. Incorporating empirical evidence, the book emphasizes the value of mediation in mitigating the harmful effects of family breakdown and conflict. First published in 1988 as a pioneering work, this third edition has been fully updated to incorporate legal and policy developments in the UK and in Europe, new sociological and philosophical perspectives on respect, justice and conflict, and international research and practice innovations.
Book Synopsis Mediation in Family Disputes by : Ms Marian Roberts
Download or read book Mediation in Family Disputes written by Ms Marian Roberts and published by Ashgate Publishing, Ltd.. This book was released on 2014-12-28 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the authoritative textbook on family mediation. It draws on a wide cross-disciplinary theoretical literature and on the author's extensive and continuing practice experience. It encompasses developments in policy, research and practice in the UK and beyond. First published in 1988 as a pioneering work, this fourth edition has been fully updated to incorporate legal and policy developments in the UK and in Europe, new sociological and philosophical perspectives on respect, justice and conflict, and international research and practice innovations.
Book Synopsis Paths to Justice Scotland by : Hazel Genn
Download or read book Paths to Justice Scotland written by Hazel Genn and published by Bloomsbury Publishing. This book was released on 2001-10-23 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: The publication in 1999 of Paths to Justice presented the results of the most wide-ranging survey of public use of and attitudes towards the civil justice system ever conducted in England and Wales by either an independent body or government agency. Paths to Justice in Scotland replicates that survey,focusing upon the experiences of ordinary citizens in Scotland as they grapple with the kinds of problems that could ultimately end in the civil courts. In an era of almost unprecedented interest in the resolution of civil disputes and in the procedures and public funding available to assist in the process there remains a lacuna in terms of knowledge of public use of the civil justice system in Scotland which this major survey sets out to fill. In it, the authors identify how often people experience problems for which there might be a legal solution and how they set about solving them. Revealing crucial differences in the approach taken to different kinds of potential legal problems, the study describes the factors that influence decisions about whether and where to seek advice about problems, and whether and when to go to law. In addition to exploring experiences of courts, tribunals and ADR processes, the study also provides important insights into public confidence in the courts and the judiciary in Scotland. For the first time the study reveals the public's perspective on access to civil justice and makes a significant contribution to debate concerning public experience, expectations and needs when trying to resolve justiciable problems.
Book Synopsis Family Mediation: Contemporary Issues by : Marian Roberts
Download or read book Family Mediation: Contemporary Issues written by Marian Roberts and published by Bloomsbury Publishing. This book was released on 2020-05-21 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: The modern emergence of mediation in the West in the 1980s represents a profound transformation of civil disputing practice, particularly in the field of family justice. In the field of family disputes mediation has emerged to fill a gap which none of the existing services, lawyers and courts on the one hand, or welfare, advisory or therapeutic interventions on the other, could in their nature have filled. In the UK mediation is now the approved pathway in the current landscape of family dispute resolution processes, officially endorsed and publicly funded by government to provide separating and divorcing families with the opportunity to resolve their disputes co-operatively with less acrimony, delay and cost than the traditional competitive litigation and court process. The consolidation of the professional practice of family mediation reflects its progress and creativity in respect both of the expanding focus on professional quality assurance as well as on developments of policy, practice guidelines and training to address central concerns about the role of children in mediation, screening for domestic abuse, sexual orientation and gender identity as well as cross-cultural issues including the role of interpreters in the process. Other areas of innovation include the application of family mediation to a growing range of family conflict situations involving, for example, international family disputes (including cross border, relocation and child abduction issues). Written by leaders in family mediation, this title provides a contemporary account of current practice developments and research concerning family mediation across a range of issues in the UK and Ireland.
Book Synopsis What's Fair by : Carrie Menkel-Meadow
Download or read book What's Fair written by Carrie Menkel-Meadow and published by John Wiley & Sons. This book was released on 2004-03-29 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: What's Fair is a landmark collection that focuses exclusively on the crucial topic of ethics in negotiation. Edited by Carrie J. Menkel-Meadow and Michael Wheeler, What's Fair contains contributions from some of the best-known practitioners and scholars in the field including Roger Fisher, Howard Raiffa, and Deborah Kolb. The editors and distinguished contributors offer an examination of why ethics matter individually and socially, and explain the essential duties and values of negotiation beyond formal legal requirements. Throughout the book, these experts tackle difficult questions such as: What do we owe our counterparts (if anything) in the way of candor or disclosure? To what extent should we use financial or legal pressure to force settlement? Should we worry about whether an agreement is fair to all the parties, or the effects our negotiated agreements might have on others?
Book Synopsis Children (Scotland) Act 2020 by : H. M. Government
Download or read book Children (Scotland) Act 2020 written by H. M. Government and published by . This book was released on 2021-05-14 with total page 41 pages. Available in PDF, EPUB and Kindle. Book excerpt: Children (Scotland) Act 2020 by HM Government. The Children (Scotland) Act 2019 was an Act of the Scottish Parliament that outlaws the use of corporal punishment on children.
Book Synopsis Lawyers and Mediation by : Bryan Clark
Download or read book Lawyers and Mediation written by Bryan Clark and published by Springer Science & Business Media. This book was released on 2012-05-24 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book charts the historical and current interaction between lawyers and mediation in both the common law and civil law world and analyses a number of issues relevant to lawyers’ part in the process. Lawyers have in the past and continue to play many roles in the context of mediation. While some are champions for the process, many remain on the fringes and apathetic, while others are openly sceptical or even anti-mediation in their stance. Yet others may have embraced mediation but, it is argued, for cynical, disingenuous reasons. By reviewing existing empirical evidence on lawyers’ interactions with mediation and by examining historical and current trends in lawyers’ dalliance with mediation, this book seeks to shed new light on a number of related issues, including: lawyers’ resistance to mediation; lawyers’ motives for involvement with mediation; the appropriateness of lawyers acting as mediators and party representatives; and the impact that both lawyers and the increasing institutionalisation of mediation have had on the normative form of the process, as well as the impact that mediation experience heralds for lawyers and legal systems in general.
Book Synopsis Studies in UK Law 2002 by : John Bell
Download or read book Studies in UK Law 2002 written by John Bell and published by British Institute for International & Comparative Law. This book was released on 2002 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains the UK contributions to the XVI Congress of the International Academy of Comparative Law held in Brisbane, Australia, in July 2002. The papers are self-standing chapters which can be read together and in their own right. The collection offers detailed insights into current issues in the law of the United Kingdom. It includes topics as varied as the legitimacy of the judge, real and personal security, mediation and ADR, and copyright in an information age. Rather than offer chapters on each of the three UK jurisdictions, the volume presents either the position in the lead jurisdiction or that in a jurisdiction which has an interesting and distinctive position, which is not well covered in the existing literature.
Book Synopsis Scottish Life and Society: The Individual and Community Life by :
Download or read book Scottish Life and Society: The Individual and Community Life written by and published by . This book was released on 2000 with total page 708 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Qualitative Research Practice by : Jane Ritchie
Download or read book Qualitative Research Practice written by Jane Ritchie and published by SAGE. This book was released on 2003-02-19 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: ′An excellent introduction to the theoretical, methodological and practical issues of qualitative research... they deal with issues at all stages in a very direct, clear, systematic and practical manner and thus make the processes involved in qualitative research more transparent′ - Nyhedsbrev ′This is a "how to" book on qualitative methods written by people who do qualitative research for a living.... It is likely to become the standard manual on all graduate and undergraduate courses on qualitative methods′ - Professor Robert Walker, School of Sociology and Social Policy, University of Nottingham What exactly is qualitative research? What are the processes involved and what can it deliver as a mode of inquiry? Qualitative research is an exciting blend of scientific investigation and creative discovery. When properly executed, it can bring a unique understanding of people′s lives which in turn can be used to deepen our understanding of society. It as a skilled craft used by practitioners and researchers in the ′real world′; this textbook illuminates the possibilities of qualitative research and presents a sequential overview of the process written by those active in the field. Qualitative Research Practice: - Leads the student or researcher through the entire process of qualitative research from beginning to end - moving through design, sampling, data collection, analysis and reporting. - Is written by practising researchers with extensive experience of conducting qualitative research in the arena of social and public policy - contains numerous case studies. - Contains plenty of pedagogical material including chapter summaries, explanation of key concepts, reflective points for seminar discussion and further reading in each chapter - Is structured and applicable for all courses in qualitative research, irrespective of field. Drawn heavily on courses run by the Qualitative Unit at the National Centre for Social Research, this textbook should be recommended reading for students new to qualitative research across the social sciences.
Book Synopsis EU Mediation Law Handbook by : Nadja Alexander
Download or read book EU Mediation Law Handbook written by Nadja Alexander and published by Kluwer Law International B.V.. This book was released on 2017-03-15 with total page 615 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mediation is rapidly becoming a norm in cross-border dispute resolution among European Union (EU) Member States. Accordingly, an important question for legal advisers to ask themselves is: Which jurisdiction offers the best legal framework to support a potential future mediation of my client’s dispute? This book responds to this question by examining the law on mediation in each Member State on a chapter-by-chapter basis. Each country analysis applies the book’s overarching principle of a specially designed Regulatory Robustness Rating System, which is thoroughly explained in an introductory chapter. This framework offers a highly effective way to analyse the quality and robustness of each of the EU’s twenty-nine national jurisdictions’ legal frameworks relevant to mediation (including legislation, case law, practice directions, codes of conduct, standards, and other regulatory instruments) and factor such an analysis into choices about governing law in mediation clauses and other agreements. Among the issues and topics covered are the following: • congruence of domestic and international legal frameworks; • transparency and clarity of content of mediation laws; • standards and qualifications for mediators; • rights and obligations of participants in mediation; • access to mediation services; • access to internationally recognised and skilled mediators; • enforceability of clauses and mediated settlement agreements; • confidentiality and flexibility; • admissibility of evidence from mediation in subsequent proceedings; • impact of commencement of mediation on litigation limitation periods; • relationship and attitude of courts to mediation; and • regulatory incentives for legal advisers to engage in mediation. This detailed analysis clearly allows users and other regulatory stakeholders to look closely and critically at regulatory regimes for mediation in order to make informed choices and develop appropriate strategies in relation to the law that governs their mediation. This is the first book to consider authoritatively what makes good mediation law and what makes a jurisdiction attractive for cross-border mediation purposes in terms of its regulatory framework. As a resource that identifies potential strengths and weaknesses of each EU Member State’s regulatory regime, it has no peers and will be welcomed and put to use by the alternative dispute resolution community in Europe and beyond.
Book Synopsis Family Justice Review by : Family Justice Review
Download or read book Family Justice Review written by Family Justice Review and published by The Stationery Office. This book was released on 2011-04 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legal framework of family justice in England and Wales is strong. Its principles are right, in particular the starting point that the welfare of children must be paramount. Every year 500,000 parents and children are involved in the system. But the system is under great strain: cases take far too long (the average case took 53 weeks in 2010); too many private law disputes end up in court; the system lacks coherence; there is growing mistrust leading to layers of checking and scrutiny; little mutual learning or feedback; a worrying lack of IT and management information. The Review's recommendations aim: to bring greater coherence through organisational change and better management; making the system more able to cope with current and future pressures; to reduce duplication of scrutiny to the appropriate level; and to divert more issues away from the courts. The chapters of the review cover: the current system; the proposed Family Justice Service; public law; private law; financial implications and implementation; and there are eighteen annexes. The proposals are now out for consultation, with the final report due in autumn 2011.
Book Synopsis Resolving Disputes about Educational Provision by : Neville Harris
Download or read book Resolving Disputes about Educational Provision written by Neville Harris and published by Routledge. This book was released on 2016-04-08 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: With contributions by recognised experts in the field of education law, this book is a comparative study of the resolution of special education disputes, including via mediation. It analyses the varying approaches in England, Scotland, the US and the Netherlands and addresses major questions of dispute resolution, redress, judicial and non-judicial approaches and the protection of citizens' rights. The first review of mediation in citizen v. state disputes outside the context of the courts, this topical book also incorporates findings from a recent ESRC study into dispute resolution in special educational needs cases. It will not only be of interest to those concerned with education issues but also those interested in administrative justice, especially the role of mediation generally
Book Synopsis The Journal of the Law Society of Scotland by :
Download or read book The Journal of the Law Society of Scotland written by and published by . This book was released on 1996 with total page 768 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Digital Family Justice by : Mavis Maclean
Download or read book Digital Family Justice written by Mavis Maclean and published by Bloomsbury Publishing. This book was released on 2019-12-12 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: The editors' earlier book Delivering Family Justice in the 21st Century (2016) described a period of turbulence in family justice arising from financial austerity. Governments across the world have sought to reduce public spending on private quarrels by promoting mediation (ADR) and by beginning to look at digital justice (ODR) as alternatives to courts and lawyers. But this book describes how mediation has failed to take the place of courts and lawyers, even where public funding for legal help has been removed. Instead ODR has developed rapidly, led by the Dutch Rechtwijzer. The authors question the speed of this development, and stress the need for careful evaluation of how far these services can meet the needs of divorcing families. In this book, experts from Canada, Australia, Turkey, Spain, Germany, France, Poland, Scotland, and England and Wales explore how ADR has fallen behind, and how we have learned from the rise and fall of ODR in the Rechtwijzer about what digital justice can and cannot achieve. Managing procedure and process? Yes. Dispute resolution? Not yet. The authors end by raising broader questions about the role of a family justice system: is it dispute resolution? Or dispute prevention, management, and above all legal protection of the vulnerable? This title is included in Bloomsbury Professional's International Arbitration online service.