Lawyers and Mediation

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Author :
Publisher : Springer Science & Business Media
ISBN 13 : 3642234747
Total Pages : 211 pages
Book Rating : 4.6/5 (422 download)

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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.

Religious Rights within the Family

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Author :
Publisher : Routledge
ISBN 13 : 1351684523
Total Pages : 423 pages
Book Rating : 4.3/5 (516 download)

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Book Synopsis Religious Rights within the Family by : Esther Erlings

Download or read book Religious Rights within the Family written by Esther Erlings and published by Routledge. This book was released on 2019-07-05 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is often asserted that ‘A family that prays together, stays together’. But what if a child no longer wishes to pray? This book analyses the law in relation to situations where parents force their children to manifest the parental religion. From thorough examination of international law it argues that, unlike what is generally believed, the human rights regime does not grant parents a right to impose manifestations of their religion on their children. Instead, the author proposes to regard coerced manifestations as a limitation on children’s right to freedom of manifestation, based on national laws that give parents rights at the domestic level under principles such as parental responsibility. The book focuses on two aspects of States’ positive obligations in this regard. First, the obligation to provide a regulatory framework that can protect children’s right to freedom of manifestation, and restricts limitations to those that are proportionate or 'necessary in a democratic society'. Second, to provide access to remedies, which it is argued should consist of access to a family-friendly infrastructure for dispute resolution available to parents and children in conflict over religious manifestation. Both depend heavily on the way States balance power between parents and children at the national level. The book includes three case studies and social research of jurisdictions that offer different perspectives under the principles of parental authority (France), parental responsibility (England) and parental rights (Hong Kong).

Conflict Resolution in Asia

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Publisher : Lexington Books
ISBN 13 : 1498566448
Total Pages : 285 pages
Book Rating : 4.4/5 (985 download)

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Book Synopsis Conflict Resolution in Asia by : Stephanie P. Stobbe

Download or read book Conflict Resolution in Asia written by Stephanie P. Stobbe and published by Lexington Books. This book was released on 2020-07-06 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conflict Resolution in Asia: Mediation and Other Cultural Models is an exploration of human interaction, conflict, and conflict resolution in the incredibly diverse region that consists of South, East, and Southeast Asia. It examines how traditional, indigenous, and culturally based conflict resolution processes interact with more formal legal systems to build infrastructures that address conflicts at the interpersonal to international levels in ways that maintain social harmony. This book provides insight into situations where unique cultures come together to create a larger cultural identity, and how constructive and appropriate conflict resolution systems can work every day to establish positive relationships and overall peace in these complex communities. It demonstrates the importance of culture in addressing conflict and conflict resolution, and validates the significance of culturally appropriate processes in building and sustaining peace. From Southeast Asia, a survey of Indonesia, Laos, Philippines, Thailand, Singapore, and Vietnam highlights their rich cultures and conflict resolution processes. From East Asia, Mainland China and Hong Kong show the history of traditional models and the incorporation of mediation within a more formal legal system. Finally, a section on South Asia examines customary methods of dispute resolution working alongside a judiciary structure in India. These nine countries represent very different cultural groups with complex national histories, and varying degrees of influence from Western powers. Using select Asian nations as case studies of conflict resolution systems, this edited book examines the power of mediation and other cultural conflict resolution models as a tool for addressing conflicts and social justice.

The Family Dispute Resolution Process

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Publisher :
ISBN 13 :
Total Pages : 172 pages
Book Rating : 4.3/5 (243 download)

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Book Synopsis The Family Dispute Resolution Process by : Law Reform Commission of Hong Kong

Download or read book The Family Dispute Resolution Process written by Law Reform Commission of Hong Kong and published by . This book was released on 2003 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Voice of a Child in Family Law Disputes

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Author :
Publisher : OUP Oxford
ISBN 13 : 0191553409
Total Pages : 256 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis The Voice of a Child in Family Law Disputes by : Patrick Parkinson

Download or read book The Voice of a Child in Family Law Disputes written by Patrick Parkinson and published by OUP Oxford. This book was released on 2008-12-18 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: When relationships break down, disputes commonly arise over the parenting arrangements for children, whose living arrangements have to be reorganized at a time of great conflict and turmoil. Most such disputes are resolved without a judicial determination through private agreement, negotiation between lawyers, mediation, or a combination of these methods. This book examines whether and how children should be involved in the process of resolving family law disputes. Although there is widespread acceptance in the Western world that the views of children should be taken into account, and that the weight given to those views should depend on their age and maturity, there is much less agreement about how children's voices should be heard. There are many benefits to giving children a voice in decisions that affect their lives, and the UN Convention on the Rights of the Child identifies this as a right for children. However, there are difficulties and dangers in seeking to hear from children, not least because they may be subject to pressure from each parent to express views that support his or her case. Courts dealing with family law issues are constantly faced with a dilemma. Is it better to keep children out of the conflict, or to give them a say, so that the arrangements are as workable for them as possible? This book integrates examinations of these issues with empirical data from interviews which explore the views and experiences of children, parents, counsellors, mediators, lawyers, and judges involved in such disputes in Australia. Drawing on this research, the authors suggest ways in which children can better be heard without placing them at the centre of their parents' conflicts. They argue that the focus should not just be on how children are heard in legal proceedings, but on how they can be better heard in those families who resolve their conflicts without going to court.

Regulating Dispute Resolution

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1782253572
Total Pages : 490 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Regulating Dispute Resolution by : Felix Steffek

Download or read book Regulating Dispute Resolution written by Felix Steffek and published by Bloomsbury Publishing. This book was released on 2014-07-04 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes a principled approach to the regulation of dispute resolution. It covers dispute resolution mechanisms in all their varieties, including negotiation, mediation, conciliation, expert opinion, mini-trial, ombud procedures, arbitration and court adjudication. The authors present a transnational Guide for Regulating Dispute Resolution (GRDR). The regulatory principles contained in this Guide are based on a functional taxonomy of dispute resolution mechanisms, an open normative framework and a modular structure of regulatory topics. The Guide for Regulating Dispute Resolution is formulated and commented upon in a concise manner to assist legislators, policy-makers, professional associations, practitioners and academics in thinking about which solutions best suit local and regional circumstances. The aim of this book is to contribute to the understanding and development of the legal framework governing national and international dispute resolution. Theory, empirical research and regulatory models have been taken from the wealth of experience in 12 jurisdictions: Austria, Belgium, Denmark, England and Wales, France, Germany, Italy, Japan, the Netherlands, Norway, Switzerland and the United States of America. Experts with a background in academia, practice and law-making describe and analyse the regulatory framework and social reality of dispute resolution in these countries. On this basis the authors draw conclusions about policy choices, regulatory strategies and the practice of conflict resolution. This title is included in Bloomsbury Professional's International Arbitration online service.

Mediation

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Publisher : Oxford University Press
ISBN 13 : 0191669350
Total Pages : 1424 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Mediation by : Klaus J. Hopt

Download or read book Mediation written by Klaus J. Hopt and published by Oxford University Press. This book was released on 2018-12-13 with total page 1424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mediation provides an attractive alternative to resolving disputes through court proceedings. Mediation promises just results in the interest of all parties concerned, a reduction of the court caseload, and cost savings for the parties involved as well as for the treasury. The European Directive on Mediation has given mediation in Europe new momentum by establishing a common framework for cross-border mediation. Beyond Europe, many states have tried in recent years to answer the question whether, and if so, how mediation should be regulated at a national and international level. The aim of this book is to promote the understanding and discussion of regulatory issues by presenting comparative research on mediation. It describes and analyses the law and practice of mediation in twenty-two countries. Europe is represented by chapters on mediation in Austria, Bulgaria, England, France, Germany, Greece, Hungary, Ireland, Italy, the Netherlands, Norway, Poland, Portugal and Spain. The world beyond Europe is analysed in chapters on mediation in Australia, Canada, China, Japan, New Zealand, Russia, Switzerland and the USA. Against this background, further chapters on fundamental issues identify possible regulatory models and discuss central principles of mediation law and practice. In particular, the work considers harmonisation and diversity in the law of mediation as well as the economic and constitutional problems associated with privatising civil justice. To the extent available, empirical research is used as a point of reference in the critical analysis.

Sharing Lives, Dividing Assets

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847315275
Total Pages : 340 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Sharing Lives, Dividing Assets by : Joanna Miles

Download or read book Sharing Lives, Dividing Assets written by Joanna Miles and published by Bloomsbury Publishing. This book was released on 2009-08-18 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: With many couples separating each year, the question of how to determine the financial and property consequences of such separation has always been a problem area within family law. Should the principles be the same for married and cohabiting couples? Should the division of assets reflect the parties' own expectations or norms imposed by society? These are just two of the questions which the essays in this collection seek to explore. Recent cases in the House of Lords have seen willingness on the part of the judges to seek out empirical studies to inform their deliberations, but if the law is to engage with empirical data then much more information is needed, both about the arrangements people make during their relationships, and about the impact of the law when a relationship breaks down. This inter-disciplinary work brings together leading academics in the fields of law, economics, sociology and psychology in an attempt to provide some of the missing empirical information. Part I sets out the legal framework and identifies the importance of empirical studies for this area. Part II examines how couples (whether cohabitants or spouses) manage their money during their relationships. Part III then considers the impact that the law currently has on separating couples - examining how legal principles translate into reality and what their consequences are for the parties. Finally, Part IV considers the issue of legal rationality: it may be rational for the law to be shaped by patterns of behaviour, but how far will individual couples allow their behaviour to be shaped by the law?

Federal Program Evaluations

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Publisher :
ISBN 13 :
Total Pages : 972 pages
Book Rating : 4.:/5 (31 download)

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Book Synopsis Federal Program Evaluations by :

Download or read book Federal Program Evaluations written by and published by . This book was released on 1982 with total page 972 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contains an inventory of evaluation reports produced by and for selected Federal agencies, including GAO evaluation reports that relate to the programs of those agencies.

Federal Evaluations

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Publisher :
ISBN 13 :
Total Pages : 800 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Federal Evaluations by :

Download or read book Federal Evaluations written by and published by . This book was released on with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contains an inventory of evaluation reports produced by and for selected Federal agencies, including GAO evaluation reports that relate to the programs of those agencies.

Middle Income Access to Justice

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Publisher : University of Toronto Press
ISBN 13 : 1442612681
Total Pages : 577 pages
Book Rating : 4.4/5 (426 download)

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Book Synopsis Middle Income Access to Justice by : M. J. Trebilcock

Download or read book Middle Income Access to Justice written by M. J. Trebilcock and published by University of Toronto Press. This book was released on 2012-01-01 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: Featuring contributions by leading Canadian and international scholars, practitioners, and members of the judiciary, this multidisciplinary collection draws on scholarship in the fields of law, social science, and public policy. There is a particular emphasis on family law, consumer law, and employment law, as these are the areas where research has indicated that unmet legal needs are highest.

Family Mediation: Contemporary Issues

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Publisher : Bloomsbury Publishing
ISBN 13 : 1526505436
Total Pages : 363 pages
Book Rating : 4.5/5 (265 download)

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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.

Resources in Education

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Author :
Publisher :
ISBN 13 :
Total Pages : 360 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Resources in Education by :

Download or read book Resources in Education written by and published by . This book was released on 1998 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Research in Education

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Publisher :
ISBN 13 :
Total Pages : 792 pages
Book Rating : 4.U/5 (183 download)

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Book Synopsis Research in Education by :

Download or read book Research in Education written by and published by . This book was released on 1969 with total page 792 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Public safety, emergency preparedness and D.C. courts

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Author :
Publisher :
ISBN 13 :
Total Pages : 668 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Public safety, emergency preparedness and D.C. courts by : United States. Congress. House. Committee on Appropriations. Subcommittee on District of Columbia Appropriations

Download or read book Public safety, emergency preparedness and D.C. courts written by United States. Congress. House. Committee on Appropriations. Subcommittee on District of Columbia Appropriations and published by . This book was released on 2002 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Handbook of Penology and Criminal Justice

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Publisher : Taylor & Francis
ISBN 13 : 1040079857
Total Pages : 499 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis International Handbook of Penology and Criminal Justice by : Shlomo Giora Shoham

Download or read book International Handbook of Penology and Criminal Justice written by Shlomo Giora Shoham and published by Taylor & Francis. This book was released on 2007-10-08 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the outset of the twenty-first century, more than 9 million people are held in custody in over 200 countries around the world.--from the essay "Prisons and Jails" by Ron KingThe first comparative study of this increasingly integral social subject, International Handbook of Penology and Criminal Justice provides a comprehensive and balanced revie

District of Columbia Appropriations for 2003

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Author :
Publisher :
ISBN 13 :
Total Pages : 668 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis District of Columbia Appropriations for 2003 by : United States. Congress. House. Committee on Appropriations. Subcommittee on District of Columbia Appropriations

Download or read book District of Columbia Appropriations for 2003 written by United States. Congress. House. Committee on Appropriations. Subcommittee on District of Columbia Appropriations and published by . This book was released on 2002 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt: