Download or read book Women Matrimonial Litigation and Alternative Dispute Resolution ADR written by Neelam Tyagi and published by Springer Nature. This book was released on 2021-04-05 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Alternative Dispute Resolution and Domestic Violence written by Dafna Lavi and published by Routledge. This book was released on 2018-05-11 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Gender and Justice in Family Law Disputes written by Samia Bano and published by Brandeis University Press. This book was released on 2017-05-02 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Handbook on Mediation written by Nandini Gore and published by OrangeBooks Publication. This book was released on 2021-02-02 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Alternative Dispute Resolution in North Carolina written by Jacqueline Clare and published by North Carolina Bar Foundatio. This book was released on 2008-07-08 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Edition e-book only
Download or read book Alternative Means of Family Dispute Resolution written by and published by . This book was released on 1982 with total page 636 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Settling Disputes written by Linda Singer and published by Routledge. This book was released on 2018-03-05 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Legal Pluralism and Governance in South Asia and Diasporas written by Livia Holden and published by Routledge. This book was released on 2016-04-14 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Collaborative Law written by Pauline H. Tesler and published by American Bar Association. This book was released on 2001 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Trouble with Marriage written by Srimati Basu and published by Univ of California Press. This book was released on 2015-01-03 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Trouble with Marriage is part of a new global feminist jurisprudence around marriage and violence that looks to law as strategy rather than solution. In this ethnography of lawyer-free family courts and mediations of rape and domestic violence charges in India, Srimati Basu depicts everyday life in legal sites of marital trouble, reevaluating feminist theories of law, marriage, violence, property, and the state. Basu argues that alternative dispute resolution, originally designed to empower women in a less adversarial legal environment, has created new subjectivities, but, paradoxically, has also reinforced oppressive socioeconomic norms that leave women no better off, individually or collectively.
Download or read book Alternative Dispute Resolution written by E. Wendy Trachte-Huber and published by Anderson Publishing Company (OH). This book was released on 1996 with total page 1436 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Settling Disputes written by Linda R. Singer and published by . This book was released on 1990 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Alternative Dispute Resolution written by Susan B. Meek and published by Lawyers and Judges Publishing. This book was released on 1996 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Mediation in Family Disputes written by Marian Roberts and published by Gower Publishing Company, Limited. This book was released on 1988 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Alternative Dispute Resolution written by and published by BNA Books (Bureau of National Affairs). This book was released on 1990 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Each of the articles in this volume originally appeared in BNA's Alternative dispute resolution report, which was published by BNA from April 1987 to October 1990"--Page i.
Download or read book Gender Bias in the Law Firm Alternative Dispute Resolution written by and published by . This book was released on 1995 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Family Law II written by Flavia Agnes and published by OUP India. This book was released on 2012-01-26 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining facts and analysis, the volume examines the laws and cases relating to matrimonial rights and obligations, marriage and divorce, constitutional claims and family courts. It is a comprehensive exploration of the state of gender justice in contemporary India from the legal perspective.
