Delivering Family Justice in the 21st Century

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Release : 2015-08-27
Genre : Law
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Book Rating : 716/5 ( reviews)

Delivering Family Justice in the 21st Century - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Delivering Family Justice in the 21st Century write by Mavis Maclean. This book was released on 2015-08-27. Delivering Family Justice in the 21st Century available in PDF, EPUB and Kindle. 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.

Digital Family Justice

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Release : 2021-07-15
Genre : Law
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Book Rating : 274/5 ( reviews)

Digital Family Justice - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Digital Family Justice write by Mavis Maclean. This book was released on 2021-07-15. Digital Family Justice available in PDF, EPUB and Kindle. 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?

Digital Family Justice

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Release : 2019-12-12
Genre : Law
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Book Rating : 537/5 ( reviews)

Digital Family Justice - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Digital Family Justice write by Mavis Maclean. This book was released on 2019-12-12. Digital Family Justice available in PDF, EPUB and Kindle. 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?

Mapping Paths to Family Justice

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Release : 2017-03-07
Genre : Social Science
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Book Rating : 053/5 ( reviews)

Mapping Paths to Family Justice - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Mapping Paths to Family Justice write by Anne Barlow. This book was released on 2017-03-07. Mapping Paths to Family Justice available in PDF, EPUB and Kindle. ​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.

Children, Autonomy and the Courts

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Release : 2017-12-18
Genre : Law
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Book Rating : 820/5 ( reviews)

Children, Autonomy and the Courts - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Children, Autonomy and the Courts write by Aoife Daly. This book was released on 2017-12-18. Children, Autonomy and the Courts available in PDF, EPUB and Kindle. In this book Aoife Daly argues that where courts decide children’s best interests (for example about parental contact) the UN Convention on the Rights of the Child's "right to be heard" is insufficient, and autonomy should instead be the focus. Global law and practice indicate that children are regularly denied due process rights in their own best interest proceedings and find their wishes easily overridden. It is argued that a children’s autonomy principle, respecting children’s wishes unless significant harm would likely result, would ensure greater support for children in proceedings, and greater obligations on adults to engage in transparent decision-making. This book is a call for a reconceptualisation of the status of children in a key area of children’s rights.