scholarly journals Playing the Language Game of Family Mediation: Implications for Mediator Ethics

2018 ◽  
Vol 35 (1) ◽  
Author(s):  
Rachael Field ◽  
Jonathan Crowe
Keyword(s):  
Family Law ◽  
Cost Effective ◽  
Language Game ◽  
Self Determination ◽  
Full Potential ◽  
Family Mediation ◽  
Law System ◽  
Effective Time ◽  
Related Notion ◽  
The Family

Over the last 20 to 30 years, the use of mediation in Australia to resolve family disputes has grown significantly. Since the 2006 reforms to the Family Law Act 1975 (Cth), family dispute resolution, a common form of which is family mediation, has effectively become a compulsory first step in post-separation parenting disputes that enter the family law system. There are many good reasons for encouraging parties to participate in family mediation. Mediation is a flexible, cost-effective, time-efficient, more humane, less adversarial way for families to manage and resolve post-separation disputes. Family mediation is also a process that enables party self-determination, empowering the parties to determine together the best arrangements for their family into the future. However, vigilance is required if the capacity of each party to negotiate towards a mutually agreeable outcome is to be effectively sustained and the full potential of the benefits of mediation are truly to be achieved. In this article, we use Ludwig Wittgenstein’s concept of a language game and the related notion of a clash of genres to explore some of the underlying conventions and expectations that create challenges for the parties in family mediation. We then consider how mediators might respond to these challenges and the implications this holds for mediator ethics.

scholarly journals The principle of self-determination in the family law through history and today

2004 ◽  
pp. 159-178
Author(s):  
Gordana Kovacek-Stanic
Keyword(s):  
Parental Care ◽  
Family Law ◽  
Family Relations ◽  
Historical Context ◽  
Civil Code ◽  
Self Determination ◽  
200Th Anniversary ◽  
Parents And Children ◽  
The Family ◽  
The Moment

In the jubilee year 2004, Serbia marks the 200th anniversary of The First Serbian Uprising, structuring of modern Serbian state and its legal system comparatively speaking, France marks the 200th anniversary of passing the French Civil Code, one of the most significant civil codifications in the 19th century. It was an occasion to study certain institutions of family law through history and today. The used approach is modern, we studied the ways how the principle of self-determination influenced the family-legal solutions today, and we investigated if one could talk about the effect of this principle in the historical sense, too. The principle of self-determination implies the possibility for the subjects of family-legal relations to arrange their own relations themselves ? both the partner and parent relations. However, this principle undergoes significant limitations in the family law because the family relations are personal relations by character, as well as because of the need to protect the weaker participant, both the weaker partner or a child who needs protection stemming from his/her very status. Within marriage law, the principle of self-determination of the spouses (extramarital partners) is, among other things, made concrete through the possibility for an agreement about the effects of marriage (extramarital union), then through the possibility of agreed divorce, while the procedure of mediation in the marriage litigation contributes to the realization of the mentioned principle. As for the effects of marriage (extramarital union), the paper particularly discusses property relations, that is the marriage property contract, because it is at the moment a current issue in our domestic law. Within the relations between parents and children, the concretization of the principle of self-determination in parental care is significant, particularly in the situations when the relations between the parents were disturbed and resulted in a separation or a divorce with the joint parental care (application of the parental right). All institutions are analyzed in the positive law, in the historical context (solutions from the Serbian Civil Code the former Hungarian Law), and viewed comparatively in the European legal systems of the east and west European countries.

Redesigning the Family Law System to Promote Healthy Families

2015 ◽  
Vol 53 (3) ◽  
pp. 361-370
Author(s):  
William J. Howe ◽  
Elizabeth Potter Scully
Keyword(s):  
Family Law ◽  
Law System ◽  
The Family

scholarly journals Menakar Keadilan Hukum Waris Islam Melalui Pendekatan Teks dan Konteks al-Nushûsh

2012 ◽  
Vol 12 (2) ◽  
Author(s):  
Muhammad Amin Suma
Keyword(s):  
Legal System ◽  
Distribution System ◽  
Family Law ◽  
Distribution Method ◽  
Inheritance Law ◽  
Male And Female ◽  
Law System ◽  
The Family

Abstract: Measuring the Justice of Islamic Inheritance Law by Drawing upon the Text and Context of al-Nushûsh. Accusations against the Islamic inheritance distribution system are surfacing again. Several groups are finding fault with the 2:1 distribution for Islamic inheritors. They suggest this distribution method be converted into 1:1, like it is in the Western system of inheritance and like it is to some extent in Adat inheritance law. This study points out that theoretically Islamic inheritance law looks very clear, comprehensive and fair, from whatever angle you look at it. This takes into account, in a balanced way, the distributions that use the 2:1 approach for joint male and female heirs. The key to understanding this is inheritance has to be treated entirely as a sub-system of the family law system, and even has to be understood as an integral part of the whole Islamic legal system, which is sound and comprehensive.Keywords: justice, inheritance law, textual, al-nushûshAbstrak: Menakar Keadilan Hukum Waris Islam Melalui Pendekatan Teks dan Konteks al-Nushûsh. Gugatan mengenai sistem pembagian kewarisan Islam kembali muncul ke permukaan. Beberapa kalangan mempermasalahkan perimbangan waris Islam 2:1. Mereka menawarkan metode perimbangan ini menjadi 1:1, sebagaimana pada sistem hukum kewarisan Barat dan sebagian hukum kewarisan Adat.  Studi ini menunjukkan bahwa dari sisi mana pun hukum kewarisan Islam secara teoretik tampak sangat jelas, lengkap, dan adil. Termasuk dalam konteks perimbangan pembagiannya yang menggunakan pendekatan 2:1 untuk ahli waris laki-laki dan ahli waris perempuan. Kunci untuk memahaminya harus menempatkan posisi kewarisan sebagai sub sistem dari sistem hukum keluarga secara keseluruhan bahkan harus dipahami sebagai bagian integral dari keseluruhan sistem hukum Islam yang bersifat utuh dan menyeluruh.Kata Kunci: keadilan, hukum kewarisan, tekstual, al-nushûshDOI: 10.15408/ajis.v12i1.965

Mental Health and the Family Law System

2004 ◽  
Vol 10 (1) ◽  
pp. 50-70 ◽  
Author(s):  
Bryan Rodgers ◽  
Bruce M. Smyth ◽  
Elly Robinson
Keyword(s):  
Mental Health ◽  
Family Law ◽  
Law System ◽  
The Family

scholarly journals TEORIJSKI OKVIRI ZA PRIMJENU OSNAŽIVANJA U MEDIJACIJI RODITELJSKIH SUKOBA

2020 ◽  
Vol 27 (2) ◽  
pp. 213-230
Author(s):  
Kristina Urbanc
Keyword(s):  
Balance Of Power ◽  
Self Determination ◽  
Theoretical Frameworks ◽  
Theoretical Concepts ◽  
Family Mediation ◽  
Effective Manner ◽  
The Family ◽  
Parental Conflicts ◽  
Mediation Practice

THEORETICAL FRAMEWORKS FOR THE APPLICATION OF EMPOWERMENT IN THE MEDIATION OF PARENTAL CONFLICTS ABSTRACT Empowerment is a process which enables the mediation participants to gain or regain the control of their own lives and which includes the recognition of the sources of their inability and learning of the ways and methods to achieve the desired outcomes by activating the strengths and resources of the participants. Empowerment enables the establishment of the balance of power in the relationships and emphasises the role of the participants, their right to self-determination and their own decision-making, which is of key importance in the process of the mediation of parental conflicts. Even when an agreement was reached in the mediation of parental conflicts, it has been shown that its implementation is often very complex, especially if it was reached directively, since the needs of the family parent and children are more complex than that. Therefore the paper presents the concept of empowerment and the possibility of its implementation in mediation and some other theoretical concepts significant for understanding of the complex family and parental dynamics during and after the divorce. The understanding and application of these theoretical concepts in the family mediation practice is important for the mediators in order to empower the participants in a timely and effective manner to, even if they fail to reach an agreement, improve their level of readiness to reshape the conflicted relationship which, when the parents are in question, continues even after the termination of partner relationships. Key words: family mediation, parental conflicts, empowerment.

scholarly journals Prawnokarna ochrona prawidłowego funkcjonowania rodziny

2020 ◽  
pp. 367-380
Author(s):  
Krystyna Szczechowicz
Keyword(s):  
Criminal Law ◽  
Family Law ◽  
Criminal Code ◽  
The Other ◽  
Law System ◽  
The Family ◽  
The One

This article deals with the issue of the scope of protecting marriage and the family in the Polish criminal law system. The family is subject to Chapter 16 of the Polish Criminal Code, which is entitled “Crimes against family and guardianship”. The chapter’s title indicates that family and care are the legal generic good protected by the provisions it contains. However, the legislator’s actions are restrained so as not to interfere too much in the functioning of a family, on the one hand, while, on the other, providing protection for its members. The problem also involves the emotional bond between the perpetrator and the victim, which in many cases leads to non-disclosure of the fact of committing a crime. Criminal law is, in many cases, intended to strengthen civil and family law regulations.

scholarly journals THE IMPORTANCE OF INTER-AGENCY COLLABORATION AND FAMILY LAW NETWORKING IN HANDLING FAMILY CASES: EXAMPLE FROM AUSTRALIA

2019 ◽  
pp. 42-50
Author(s):  
‘Ain Husna Mohd Arshad
Keyword(s):  
Social Issues ◽  
Family Law ◽  
Practical Aspect ◽  
Legal Issues ◽  
Vulnerable Groups ◽  
Financial Health ◽  
Law System ◽  
Black And White ◽  
Parental Obligations ◽  
The Family

Family law is one of the areas that requires the collaboration of experts and practitioners from various discipline. The objective of this paper is to discuss the importance of inter-agency collaboration between various agencies in order to resolve family cases holistically. This is rooted in the understanding that family cases normally involve legal and non-legal issues that require resolutions which are beyond black and white of the law. Some cases involve financial, health or other social issues that call for advice from experts in that area. Based on the study conducted, it is found that inter-agency collaboration is needed due to limitations in the substantive family law, it is also to help vulnerable groups, and to provide holistic resolution of family disputes. Understanding the importance of such collaboration, this paper subsequently looks for example based on the practice of Australia that has established a network to coordinate the family law system. The network has been able to disseminate information and conduct pieces of training, expedite the process of referral effectively, and establish linkages between specialists in family law. Such networking and collaboration can help the litigants dealing with their legal, emotional and practical aspect of the issues that they are facing. It also helps the agencies gain a mutual understanding of each other’s role and functions. In addition to that, it may help the disputing parties making an informed decision and prepare for future adjustment to carry on with their parental obligations.

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