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Author: Mavis Maclean
Publisher: Bloomsbury Publishing
ISBN: 1509928537
Category : Law
Languages : en
Pages : 331
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Book Description
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? This title is included in Bloomsbury Professional's International Arbitration online service.
Author: Mavis Maclean
Publisher: Bloomsbury Publishing
ISBN: 1509928537
Category : Law
Languages : en
Pages : 331
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Book Description
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? This title is included in Bloomsbury Professional's International Arbitration online service.
Author: Tania Sourdin
Publisher: Routledge
ISBN: 1000286118
Category : Computers
Languages : en
Pages : 108
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Book Description
Justice apps – mobile and web-based programmes that can assist individuals with legal tasks – are being produced, improved, and accessed at an unprecedented rate. These technologies have the potential to reshape the justice system, improve access to justice, and demystify legal institutions. Using artificial intelligence techniques, apps can even facilitate the resolution of common legal disputes. However, these opportunities must be assessed in light of the many challenges associated with app use in the justice sector. These include the digital divide and other accessibility issues; the ethical challenges raised by the dehumanisation of legal processes; and various privacy, security, and confidentiality risks. Surveying the landscape of this emergent industry, this book explores the objectives, opportunities, and challenges presented by apps across all areas of the justice sector. Detailed consideration is also given to the use of justice apps in specific legal contexts, including the family law and criminal law sectors. The first book to engage with justice apps, this book will appeal to a wide range of legal scholars, students, practitioners, and policy-makers.
Author: Mavis Maclean
Publisher: Edward Elgar Publishing
ISBN: 1800881401
Category : Law
Languages : en
Pages : 447
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Book Description
Bringing together current research from a diverse range of jurisdictions on family law, the Research Handbook on Family Justice Systems addresses the aims and boundaries of family justice systems. Delineating the common purpose of family law to achieve fairness for groups of people who live or have lived together, this Research Handbook is concerned with the rules referred to as ‘family law’, but also with the institutions comprising the operating system.
Author: Mavis Maclean
Publisher: Bloomsbury Publishing
ISBN: 1509950982
Category : Law
Languages : en
Pages : 283
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Book Description
Does a justice system have a welfare function? If so, where does the boundary lie between justice and welfare, and where can the necessary resources and expertise be found? In a time of austerity, medical emergency, and limited public funding, this book explores the role of the family justice system and asks whether it has a function beyond decision-making in dispute resolution. Might a family justice system even help to prevent or minimise conflict as well as resolving dispute when it arises? The book is divided into 4 parts, with contributions from 22 legal scholars working across Europe, Australia, Argentina and Canada. - Part 1 looks at what constitutes a family justice system in different jurisdictions, and how a welfare element is included in the legal framework. - Part 2 looks at those engaged with a family justice system as professionals and users, and explores how far private ordering is encouraged in different countries. - Part 3 looks at new ways of working within a family justice system and raises the question of whether the move towards privatisation derives from the intrinsic value of individual autonomy and acceptance of responsibility in family disputes, or whether it is also a response to the increasing burden on the state of providing a welfare-minded family justice system. - Part 4 explores recent major changes of direction for the family justice systems of Australia, Argentina, Turkey, Spain, and Germany.
Author: Mavis Maclean
Publisher: Bloomsbury Publishing
ISBN: 1509928545
Category : Law
Languages : en
Pages : 255
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Book Description
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? This title is included in Bloomsbury Professional's International Arbitration online service.
Author: Jessica Mant
Publisher: Bloomsbury Publishing
ISBN: 1509947361
Category : Law
Languages : en
Pages : 191
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Book Description
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.
Author: Nancy K. D. Lemon
Publisher: West Academic Publishing
ISBN: 9780314160492
Category : Family violence
Languages : en
Pages : 1159
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Book Description
Author: Richard Susskind
Publisher: Oxford University Press, USA
ISBN: 9780192849304
Category :
Languages : en
Pages : 400
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Book Description
In this book Richard Susskind, a pioneer of rethinking law for the digital age confronts the challenges facing our legal system and the potential for technology to bring much needed change. Drawing on years of experience leading the discussion on conceiving and delivering online justice, Susskind here charts and develops the public debate.
Author: Elisabeth Wilson-Evered
Publisher: Springer Nature
ISBN: 3030646459
Category : Law
Languages : en
Pages : 156
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Book Description
This book brings together the expertise of two authors involved in initiating the development of Online Family Dispute Resolution (OFDR), while also examining the unique Australian system. The family arena generally comprises property or child-related disputes arising between parents, whether married or not, and whether the parties have lived together or not. A special feature of Australia’s OFDR system is that it deals with children’s issues rather than focusing on property distribution. The book first discusses how technological innovations have transformed dispute resolution services to families. It explores the need for OFDR and how such systems can potentially be implemented. In turn, the coverage shifts to screening tools used prior to a Family Dispute Resolution session to ensure that online systems are appropriate for the case under dispute and the people involved. Readers will then learn about the necessary training required – for administrators, practitioners and clients alike - for OFDR to be successful. In addition, the book offers a comprehensive evaluation of the system and reflects on the lessons learned to date. In closing, it suggests ways in which OFDR could be further developed and applied to family disputes around the world.
Author: Mavis Maclean
Publisher: Bloomsbury Publishing
ISBN: 1782259708
Category : Law
Languages : en
Pages : 384
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Book Description
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.
