Women, Matrimonial Litigation and Alternative Dispute Resolution (ADR)

Women, Matrimonial Litigation and Alternative Dispute Resolution (ADR) PDF

Author: Neelam Tyagi

Publisher: Springer Nature

Published: 2021-04-05

Total Pages: 331

ISBN-13: 9811610150

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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.

Alternative Dispute Resolution and Domestic Violence

Alternative Dispute Resolution and Domestic Violence PDF

Author: Dafna Lavi

Publisher: Routledge

Published: 2018-05-11

Total Pages: 228

ISBN-13: 1351104462

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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.

Gender and Justice in Family Law Disputes

Gender and Justice in Family Law Disputes PDF

Author: Samia Bano

Publisher: Brandeis University Press

Published: 2017-05-02

Total Pages: 350

ISBN-13: 1512600369

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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.

Handbook on Mediation

Handbook on Mediation PDF

Author: Nandini Gore

Publisher: OrangeBooks Publication

Published: 2021-02-02

Total Pages: 208

ISBN-13:

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A dispute arises when a claim is asserted by one party and disputed by another. The dispute is a disagreement or differences which later on convert its form into conflict between people at different levels. Mediation is a means of dispute resolution which have not been embarrassed in India as much as it possibly deserved. While it is often resorted to, at the suggestions of the courts, in the context of matrimonial and family dispute and very sparingly of corporate, commercial, and criminal matters. This book gives an insight about the inherent flexibility of mediation process in a simplified version providing the readers the basic concept of mediation and about relevant international treaties. With the outbreak of Covid-19 pandemic and consequential worldwide commercial destruction, it is more important than ever to try and resolve disputes by mediation and more specifically learning about online mediations.

Settling Disputes

Settling Disputes PDF

Author: Linda Singer

Publisher: Routledge

Published: 2018-03-05

Total Pages: 223

ISBN-13: 0429963211

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Within the past few years, innovative methods have been developed not only to settle disputes out of court but also to supplement or replace the means by which legislatures, businesses, communities, therapists, and schools handle conflicts that once could be resolved only by litigation or force. Settling Disputes serves as an essential guide to the new settlement alternatives. This updated edition, in response to the rapid changes of the past five years, includes substantial new material that describes recent transformations in the way that courts and public agencies respond to disputes. The book discusses alternative dispute resolution from the viewpoints of potential participants and offers advice to those who are involved in disputes to help them analyze their situations and goals. Finally, it provides suggestions for professionals involved in dispute resolution and for those whose jobs in law, business, or government are affected by the new options for settling disputes.The dispute resolution movement continues to offer the most hopeful, powerful alternative to the business and personal costs of litigation or, worse, of violence. It has tremendous implications for the professional lives of Americans, for their private lives?as parents, spouses, neighbors, and consumers?and for their role as citizens.The first edition of Settling Disputes was awarded the 1990 Center for Public Resources Book Prize.

Legal Pluralism and Governance in South Asia and Diasporas

Legal Pluralism and Governance in South Asia and Diasporas PDF

Author: Livia Holden

Publisher: Routledge

Published: 2016-04-14

Total Pages: 181

ISBN-13: 1317607295

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Legal Pluralism and Governance in South Asia and the Diasporas contributes to the already heated debate about legal pluralism and the ontology of law by shifting the attention toward the relationship between what is treated as law and its impact on governance at the fora of dispute resolution. This book addresses sensitive issues such as gender rights and alternative dispute resolution in India, Hindu and Muslim personal laws in South Asia and in Europe, cross-border white violence, the change to Islamic legal traditions under Western domination, women’s inheritance in Pakistan and in the disputed territory of Gilgit Baltistan, indigenous rights and resistance at the India-Bangladesh border, and customary laws of nomadic groups in India. The authors deploy a variety of views that point at the pros and cons of legal pluralism and also integrates its opponents. They show how constructions of identity, religion, and power have historically informed the conceptualisation of secularism which may be an ideal, sometimes able to provide for perceptions of accountable governance, but also generating dividing worldviews. This book was published as a special issue of the Journal of Legal Pluralism and Official Law.

ADR for Legal Professionals

ADR for Legal Professionals PDF

Author: Jennifer Zubick

Publisher:

Published: 2023

Total Pages: 0

ISBN-13: 9781774621622

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"ADR for Legal Professionals addresses the specific needs of paralegals involved in alternative dispute resolution. Following LSO guidelines, the text explores key issues such as ethics, access to justice, licensing of paralegals, and the increased role of paralegals. The book is also used by some law clerk courses."--

Collaborative Law

Collaborative Law PDF

Author: Pauline H. Tesler

Publisher: American Bar Association

Published: 2001

Total Pages: 268

ISBN-13: 9781570739316

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This unique new handbook explains this emerging dispute resolution model of collaborative law that is helping family lawyers bring their clients through the divorce passage with integrity and satisfaction. Collaborative Law describes how this approach engages the unique problem-solving skills of lawyers to achieve settlements that creatively and appropriately customize outcomes in the way that few courts are able to achieve. In the collaborative process, fees and costs are minimized, high-quality legal counsel and negotiating assistance are built in, and the ability of divorcing spouses to cooperate and coparent is maximized to a dramatic extent.

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