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Lawyers And Mediators

Author: Mavis Maclean
Publisher: Bloomsbury Publishing
ISBN: 1509904840
Size: 30.21 MB
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Do lawyers make matters worse, or do they provide information, advice and support which can help to prevent disputes arising or manage them when they do? Do mediators enable parties to communicate and reach agreements tailor-made to their needs? Or working outside the legal framework, do they find it difficult to protect weaker parties and access expert advice? What happens when lawyers become mediators? This book will describe the structure of service provision and the day-to-day work of lawyers, mediators, and lawyer mediators, drawing on empirical work carried out between 2013 and 2015 immediately after the recent changes to the management of divorce and separation within the family justice system. The reduction in legal aided help in 2013 and the failure of mediation to fill the gap in 2014?15 have given rise to a difficult debate. This book aims to provide an account of some of the practical effects of these policies through a description of the daily work of practitioners in the sector. It raises the question of whether we need to choose between traditional legal services and the new processes of private ordering or whether intermediate positions might be possible.

Family Law In Britain And America In The New Century

Author: John Eekelaar
Publisher: BRILL
ISBN: 9004304924
Size: 80.50 MB
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In Family Law in Britain and America in the New Century: Essays in Honor of Sanford N. Katz nineteen leading family law scholars in the US and Britain pay tribute to Sanford Katz, Darald and Juliet Libby Millennium Professor Emeritus and Professor of Law, Boston College Law School by giving a critical account of developments in family law in their jurisdictions since 2000. Areas covered include the institution of marriage, financial and property issues, parents and children, the state and children, access to justice, and international issues as well as an overview by the Editor. The volume will provide a stimulating and accessible account of the state and current direction of travel of family law in those countries.

Supporting Children When Parents Separate

Author: Murch, Mervyn
Publisher: Policy Press
ISBN: 1447345959
Size: 71.33 MB
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After years of research and reflection on the work of the interdisciplinary family justice system Mervyn Murch offers a fresh approach to supporting the thousands of children every year who experience a complex form of bereavement following parental separation and divorce. This stressful family change, combined with the loss of support due to austerity cuts, can damage their education, well-being, mental health and long-term life chances. Murch argues for early preventative intervention which responds to children's worries when they first present them, without waiting until things have gone badly wrong. His radical proposals for reform involve a much more coordinated and joined up approach by schools, the Children and Family Court Advisory and Support Service, and Child and Adolescent Mental Health Services. This book encourages practitioners and academics to look outside their professional silos and to see the world through the eyes of children in crisis to enable services to offer direct support in a manner and at a time when it is most needed.

Mapping Paths To Family Justice

Author: Anne Barlow
Publisher: Springer
ISBN: 1137554053
Size: 43.31 MB
Format: PDF
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​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.

Delivering Family Justice In The 21st Century

Author: Mavis Maclean
Publisher: Bloomsbury Publishing
ISBN: 1782259716
Size: 72.64 MB
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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 Justice

Author: John Eekelaar
Publisher: Bloomsbury Publishing
ISBN: 1782251588
Size: 71.61 MB
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This book is about the delivery of family justice in England and Wales, focusing on the work of the family judiciary in the lower courts. The policy context is moving so rapidly that the authors have gone beyond presenting their empirical findings to offer a broader consideration of the nature and role of the family justice system, as these are in danger of being lost amid present reform proposals. The first four chapters are historical and comparative, examining assumptions about family justice and offering a defence of the role of legal rights in family life, and the importance of good policy-making balancing outcome- and behaviour-focused approaches to family justice. Comparative examples from the US and Australia show how new approaches to family justice can be successfully deployed. The next three chapters are empirical, including a typology of the roles played and tasks addressed by the judges, overturning the commonly held assumption that the central judicial role is adjudication, emphasising the extent to which judges integrate outcome- and behaviour-focused approaches to family justice, and giving a detailed account of the daily work of circuit and district judges and legal advisers. The conclusion is that there is a trend across jurisdictions, driven by technological innovation and by economic constraints, to reduce the role of courts and lawyers in favour of individual choices based on private or government-funded information sources. While these developments can be beneficial, they also have dangers and limitations. The final chapter argues that despite the move to privatised forms of dispute resolution, family justice still demands a sound judicial structure.

Child Custody Made Simple

Author: Webster Watnik
Publisher:
ISBN: 0964940434
Size: 34.66 MB
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Discusses a variety of issues concerning child custody, including court structures, living arrangements, recommendations on avoiding court battles, and advice on working with lawyers.

Family Mediation

Author: Lisa Parkinson
Publisher:
ISBN:
Size: 54.51 MB
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This is a practical guide to family mediation, outlining the mediation process to lawyers, and describing the ways in which they can become involved. Each stage of the mediation process is examined, showing how practitioners should interact with other professionals, such as counsellors and mediators, and offering advice on the role of the mediator in particular situations. The approach is practical, keeping references to mediation theory to a minimum, and the advice given is wide-ranging in its coverage.

Everything Is Workable

Author: Diane Musho Hamilton
Publisher: Shambhala Publications
ISBN: 0834829185
Size: 67.26 MB
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Conflict is going to be a part of your life—as long as you have relationships, a job, or dry cleaning to be picked up. Bracing yourself against it won’t make it go away, but if you approach it consciously, you can navigate it in way that not only honors everyone involved but makes it a source of deep insight as well. Seasoned mediator Diane Hamilton provides the skill set you need to engage conflict with wisdom and compassion, and even—sometimes—to be grateful for it. She teaches us how to: • Cultivate the mirror-like quality of attention as your base • Identify three personal conflict styles and determine which ones you fall into • Recognize the three fundamental perspectives in any conflict situation and learn to inhabit each of them • Turn conflicts in families, at work, and in every kind of interpersonal situation into win-win situations Her unique approach unites Zen wisdom and Integral Spirituality with her own story and her experiences as a professional mediator in a way that shows you how to look at conflict in a new way: as an essentially spiritual practice.

Managing Family Justice In Diverse Societies

Author: Mavis Maclean
Publisher: Bloomsbury Publishing
ISBN: 1782250778
Size: 28.11 MB
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The aim of this book is to explore what response the law has or should have to different family practices arising from cultural and religious beliefs. The issue has become increasingly debated as western countries have become more culturally diverse. Although discussion has frequently focused on the role Islamic family law should have in these countries, this book seeks to set that discussion within a wider context that includes consideration both of theoretical issues and also of empirical data about the interaction between specific family practices and state law in a variety of jurisdictions ranging from England and Wales to Bangladesh, Botswana, Spain, Poland, France, Israel, Iran and South Africa. The contributors to the 17 chapters approach the subject matter from a variety of perspectives, illustrating its complex and often sensitive nature. The book does not set out to propose any single definitive strategy that should be adopted, but provides material on which researchers, advocates and policy makers can draw in furthering their understanding of and seeking solutions to the problems raised by this significant social development.