Legal Aid and Mediation for People Involved in Family Breakdown

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Publisher : Stationery Office Books (TSO)
ISBN 13 : 9780102944525
Total Pages : 30 pages
Book Rating : 4.9/5 (445 download)

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Book Synopsis Legal Aid and Mediation for People Involved in Family Breakdown by : Great Britain. National Audit Office

Download or read book Legal Aid and Mediation for People Involved in Family Breakdown written by Great Britain. National Audit Office and published by Stationery Office Books (TSO). This book was released on 2007-01-01 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: Family disputes that are resolved through mediation are cheaper, quicker and, according to academic research, less acrimonious than those that are settled through the courts. Despite these advantages, only some 20 per cent of people who are funded by legal aid for family breakdown cases (excluding those involving domestic violence) currently opt for mediation. This report examines the reasons for the low take-up and makes recommendations to the Legal Services Commission, which administers legal aid in England and Wales, to help increase the number of mediations. Although solicitors and legal advisers have a duty to advise their clients of the option of mediation, the survey found that a third of clients had not been made aware by their adviser that mediation was an option. Recommendations include that the Legal Services Commission needs to publicise the advantages of mediation and remove the financial disincentives to solicitors of recommending this option to their clients; and that those solicitors who have significantly lower numbers of cases which go to mediation should be investigated to find the reasons for the low take up and, where these reasons prove unsatisfactory, should have their contracts curtailed. The provision of mediation services also needs to be extended in areas of the country that are not well covered, either by supporting extension of the existing provision of outreach services or by providing reasonable travel expenses to those living in areas with less access to a mediator.

Legal Services Commission

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Publisher : The Stationery Office
ISBN 13 : 9780215036384
Total Pages : 48 pages
Book Rating : 4.0/5 (363 download)

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Book Synopsis Legal Services Commission by : Great Britain: Parliament: House of Commons: Committee of Public Accounts

Download or read book Legal Services Commission written by Great Britain: Parliament: House of Commons: Committee of Public Accounts and published by The Stationery Office. This book was released on 2007-10-16 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: Family disputes that are resolved through mediation are cheaper, quicker and, according to academic research, less acrimonious than those that are settled through the courts. Despite these advantages, only some 20 per cent of people who are funded by legal aid for family breakdown cases (excluding those involving domestic violence) currently opt for mediation. Following on from a NAO report on this topic (HCP 256, session 2006-07; ISBN 9780102944525), the Committee's report examines the shortcomings of the current system for referring clients to mediation, and the actions the Legal Services Commission has in train to increase referrals to and take-up of mediation services, to improve the quality of mediation offered, and to strengthen the Commission's oversight of solicitors and mediation providers.

Mediation in Family Disputes

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Author :
Publisher : Routledge
ISBN 13 : 1351153102
Total Pages : 267 pages
Book Rating : 4.3/5 (511 download)

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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 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.

Mediation in Family Disputes

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Publisher : Routledge
ISBN 13 : 1317098463
Total Pages : 352 pages
Book Rating : 4.3/5 (17 download)

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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 Routledge. This book was released on 2016-04-29 with total page 352 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 emphasises the value of mediation in mitigating the harmful effects of family breakdown and conflict. 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.

Litigants in Person and the Family Justice System

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509947361
Total Pages : 191 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Litigants in Person and the Family Justice System by : Jessica Mant

Download or read book Litigants in Person and the Family Justice System written by Jessica Mant and published by Bloomsbury Publishing. This book was released on 2022-11-17 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about those who represent themselves as Litigants in Person in the family justice system. It calls for a refocusing of the debate about the historical challenges associated with Litigants in Person as well as the role they should play within the family justice system in England and Wales. Drawing together interviews with Litigants in Person and decades of research into self-representation from across multiple jurisdictions, this book provides an account of the family justice system through the eyes of its users. It employs an innovative socio-legal framework comprising feminist theory, a Bourdieusian theory of class, vulnerability theory, and actor-network theory to explore the journey that Litigants in Person take through the legal, cultural and social context of the family court. It provides fresh insight into the diverse challenges that people face within this process and how these relate to wider pressures within the family justice system. It argues that there are important lessons to be learned from Litigants in Person. By understanding how and why people come to the point of self-representing, and the kinds of experiences they have when they do, the book advocates the importance of forging a more positive and effective relationship between Litigants in Person and the family justice system.

Delivering Family Justice in the 21st Century

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782259716
Total Pages : 429 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Delivering Family Justice in the 21st Century by : Mavis Maclean

Download or read book Delivering Family Justice in the 21st Century written by Mavis Maclean and published by Bloomsbury Publishing. This book was released on 2015-08-27 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: Family justice requires not only a legal framework within which personal obligations are regulated over the life course, but also a justice system which can deliver legal information, advice and support at times of change of status or family stress, together with mechanisms for negotiation, dispute management and resolution, with adjudication as the last resort. The past few years have seen unparalleled turbulence in the way family justice systems function. These changes are associated with economic constraints in many countries, including England and Wales, where legal aid for private family matters has largely disappeared. But there is also a change in ideology in a number of jurisdictions, including Canada, towards what is sometimes called neo-liberalism, whereby the state seeks to reduce its area of activity while at the same time maintaining strong views on family values. Legal services may become fragmented and marketised, and the role of law and lawyers reduced, while self-help web based services expand. The contributors to this volume share their anxieties about the impact on the ability of individuals to achieve fair and informed resolution in family matters.

Family Mediation

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Author :
Publisher : Jossey-Bass
ISBN 13 :
Total Pages : 200 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Family Mediation by : Robert Coulson

Download or read book Family Mediation written by Robert Coulson and published by Jossey-Bass. This book was released on 1996-09-27 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: The former President of the American Arbitration Association and internationally recognized expert in dispute resolution, Robert Coulson has updated his classic book "Family Mediation". This nuts-and-bolts guide details an eight-step program for mediating family disputes, outlining the entire family mediation process--from persuading parties to mediate through actually nailing down a settlement.

Operation of the Family Courts

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Publisher : The Stationery Office
ISBN 13 : 9780215560582
Total Pages : 110 pages
Book Rating : 4.5/5 (65 download)

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Book Synopsis Operation of the Family Courts by : Great Britain: Parliament: House of Commons: Justice Committee

Download or read book Operation of the Family Courts written by Great Britain: Parliament: House of Commons: Justice Committee and published by The Stationery Office. This book was released on 2011-07-14 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: Family Courts will need to be more prepared to cope with litigants representing themselves following Government reforms to Legal Aid - MPs on the Commons Justice Committee have warned in a new report. The MPs are also calling on the Government to scrap the provisions in the Children, Schools and Families Act 2010 to allow media access to Family Courts following universal condemnation of the plans. The report recommends that Ministers reformulate proposals to increase transparency in Family Courts putting the views of children centre stage. The committee rejects the Family Justice Panel's Interim Report recommendation that a statement be introduced into legislation to "reinforce" the importance of a child having a meaningful relationship with both parents. The MPs believe it ought to be obvious to the courts, and to parents, that a child deserves a meaningful relationship with both parents but that inclusion of a statement in the law could create confusion and the mistaken impression the law had changed. The committee also calls on judges to reduce the costs and delays in case management associated with expert reports. Judges should be encouraged to, where possible, insist on joint reports and require clear explanations of why additional assessments are needed, ensuring the parties' solicitors work together to reduce the number of questions for the expert. Government plans to fold Cafcass into the proposed new Family Justice Service do not go far enough, according to the report. The committee calls for this to be the first step in a series of reforms designed to transform the body into a less process-driven, more child focused and integral part of family justice.

Marital Rights

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Publisher : Routledge
ISBN 13 : 1351559176
Total Pages : 838 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis Marital Rights by : Robert Leckey

Download or read book Marital Rights written by Robert Leckey and published by Routledge. This book was released on 2017-07-05 with total page 838 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume gathers influential and cutting-edge scholarship on the international and domestic rights attaching to married couples and other adult relationships. Addressing examples from the European Court of Human Rights, UK, USA, Canada, Australia and South Africa, it traces contentious debates about the content of marital rights and responsibilities and whether law should reach beyond marriage, and if so how. Twenty-four essays and a substantial introduction highlight the complexity and contradictions as marital law grapples with gender equality, the aftermath of recognizing gay and lesbian rights, abiding economic inequalities, and ?exotic? issues such as forced marriage and polygamy.

Family Law

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Publisher : Pearson UK
ISBN 13 : 1292251182
Total Pages : 1252 pages
Book Rating : 4.2/5 (922 download)

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Book Synopsis Family Law by : Jonathan Herring

Download or read book Family Law written by Jonathan Herring and published by Pearson UK. This book was released on 2019 with total page 1252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This best-selling textbook is loved by students and lecturers alike. Offering exceptional coverage of all key family law principles, this book also explores the theories, debates and ethical dilemmas which underpin the subject ensuring you have the knowledge required to critique the existing law and evaluate reform options.

Discrimination, Equality and the Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782252010
Total Pages : 441 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Discrimination, Equality and the Law by : Aileen McColgan KC

Download or read book Discrimination, Equality and the Law written by Aileen McColgan KC and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph explores some of the conceptual questions which underpin the legal disputes which arise in relation to equality and discrimination. Among these are questions about the meaning of 'equality' as a legal concept and its relationship to the principle of non-discrimination; symmetrical and asymmetrical approaches to equality/non-discrimination; the role of comparators in discrimination/equality analysis; the selection of protected characteristics and the proper sphere of statutory and constitutional protections, and the scope for and regulation of potential conflicts between protected grounds. The author engages with domestic, EU and ECtHR case law as well as with wider international approaches.

Mediating International Child Abduction Cases

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Publisher : Bloomsbury Publishing
ISBN 13 : 184731838X
Total Pages : 136 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Mediating International Child Abduction Cases by : Sarah Vigers

Download or read book Mediating International Child Abduction Cases written by Sarah Vigers and published by Bloomsbury Publishing. This book was released on 2011-10-07 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is growing enthusiasm for the use of mediation to seek to resolve cases arising under the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (the Convention). However, despite being endorsed by the conclusions of meetings of experts, judicial comment and even legislative changes, there have been relatively few cases where mediation has played a significant role. It is suggested that the reason underlying this dichotomy between the widespread support for the use of mediation and the current limited practice is that there are several key questions regarding the use of mediation in the context of the Convention which remain to be answered. Specifically: what is meant by Convention mediation? How can a mediation process fit within the constraints of the Convention? And why offer mediation in Convention cases given the existing legal framework? This book addresses these questions and in so doing seeks to encourage a movement from enthusiasm about the use of mediation in the Convention context to greater practice. This title is included in Bloomsbury Professional's Family Law online service.

Mapping Paths to Family Justice

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Publisher : Springer
ISBN 13 : 1137554053
Total Pages : 255 pages
Book Rating : 4.1/5 (375 download)

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Book Synopsis Mapping Paths to Family Justice by : Anne Barlow

Download or read book Mapping Paths to Family Justice written by Anne Barlow and published by Springer. This book was released on 2017-03-07 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: ​The family justice system in England and Wales has undergone radical change over the past 20 years. A significant part of this shifting landscape has been an increasing emphasis on settling private family disputes out of court, which has been embraced by policy-makers, judges and practitioners alike and is promoted as an unqualified good. Mapping Paths to Family Justice: Resolving Family Disputes in Neoliberal Times examines the experiences of people taking part in out-of-court family dispute resolution in England and Wales. It addresses questions such as how participants’ experiences match up to the ideal; how recent changes to the legal system have affected people’s ability to access out-of-court dispute resolution; and what kind of outcomes are achieved in family dispute resolution. This book is the first study systematically to compare different forms of family dispute resolution. It explores people’s experiences of solicitor negotiations, mediation and collaborative law empirically by analyzing findings from a nationally representative survey, individual in-depth interviews with parties and practitioners, and recorded family dispute resolution processes. It considers these in the context of ongoing neoliberal reforms to the family justice system, drawing out conclusions and implications for policy and practice.

Legal Ethics

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Publisher : Oxford University Press, USA
ISBN 13 : 0198703457
Total Pages : 471 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Legal Ethics by : Jonathan Herring

Download or read book Legal Ethics written by Jonathan Herring and published by Oxford University Press, USA. This book was released on 2014-04 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jonathan Herring provides a clear and engaging overview of legal ethics, highlighting the ethical issues surrounding professional conduct and raising interesting questions about how lawyers act and what their role entails. Key topics, such as confidentiality and fees, are covered with references throughout to the professional codes of conduct.

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.

Business Law

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Publisher : Taylor & Francis
ISBN 13 : 1136727523
Total Pages : 658 pages
Book Rating : 4.1/5 (367 download)

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Book Synopsis Business Law by : David Kelly

Download or read book Business Law written by David Kelly and published by Taylor & Francis. This book was released on 2011-03-21 with total page 658 pages. Available in PDF, EPUB and Kindle. Book excerpt: Business Law offers comprehensive coverage of the key aspects of business law in a straightforward manner that is easy to understand for non-law students. It describes and considers the full range of legal topics such as Contract, Company and Employment Law, as well as including coverage of emerging areas such as Health and Safety and Environmental Law as they apply to business.

Legal and Family Perspectives in Divorce Mediation

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Publisher :
ISBN 13 :
Total Pages : 134 pages
Book Rating : 4.X/5 (1 download)

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Book Synopsis Legal and Family Perspectives in Divorce Mediation by : John Lemmon

Download or read book Legal and Family Perspectives in Divorce Mediation written by John Lemmon and published by . This book was released on 1985 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt: