Different Forms of Alternative Dispute Resolution: The Framework for Family Mediation in Spain

2019 ◽  
Author(s):  
Teresa Picontó Novales ◽  
Elena Lauroba ◽  
Cristina Merino ◽  
Marcos Loredo Colunga
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Family Mediation

scholarly journals Alternative dispute resolution in family disputes in Europe and Chile: mediation

2019 ◽  
Vol 15 (2) ◽  
Author(s):  
Carolina Riveros ◽  
Dagmar Coester-Waltjen
Keyword(s):  
Quality Control ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Control Mechanisms ◽  
Significant Progress ◽  
Family Mediation ◽  
The World ◽  
And Training

Abstract The purpose of this paper is to examine whether the issues in family mediation are similar in Europe and Chile. The use of mediation in the world represents a significant progress in protecting family agreements and their autonomy. We conclude that Europe and Chile have to pay special attention to the quality control mechanisms and training of the mediators in family disputes.

Mediazione familiare: nuove professioni e il dibattito sulle alternative al giudizio

2009 ◽  
pp. 197-206
Author(s):  
Luigi Cominelli
Keyword(s):  
Dispute Resolution ◽  
Professional Practice ◽  
Legal System ◽  
Theoretical Approach ◽  
Alternative Dispute Resolution ◽  
Alternative Methods ◽  
Basic Training ◽  
Family Mediation ◽  
Family Mediators ◽  
Time And Energy

- Ivan Pupolizio's book La mediazione familiare in Italia (Family Mediation in Italy) is the latest in a series that testifies to the increasing interest at work in Italy in topics of alternative conflict solving. The theoretical approach adopted to the topic is accompanied by evidence from professional practice and information about the authorities and subjects that work in the field of family mediation. Pupolizio takes an in-depth look at the practice of family mediation in Italy and draws up a summarised chronology of its development. Mediators do not investigate the couple's experience as a means for understanding the causes of the problem, but work together with the parties to identify concrete solutions for the future. Mediators have clearly already started venturing along the path that leads to their professionalisation. Training whose purpose is to accredit family mediators will in due course flank basic training for lawyers who are not familiar with these procedures. Pupolizio spends some time and energy looking into the legislative aspects of the mediator's professional practice. Today's legislation offers several spaces for mediation, primarily when spouses separate. The book's theoretical section discusses fears that the methods of alternative dispute resolution may lead to a privatisation of justice, dwelling in particular on the criticism expressed by the women's movement, which considers that mediation, as opposed to the legal system, puts women at a disadvantage towards men. Pupolizio believes that alternative methods do not constitute a danger for equity when they are understood correctly to be methods of appropriate dispute resolution. (English texts revised by Pete Kercher)

scholarly journals Family mediation as a form of alternative dispute resolution in Poland

2020 ◽  
Vol 7 (2) ◽  
pp. 10-17
Author(s):  
Dorota Rynkowska
Keyword(s):  
Social Change ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Social Life ◽  
Justice System ◽  
Close Relationships ◽  
Family Mediation ◽  
Dispute Mediation

For years, mediation has been unused as an institutionalised form of dispute resolution. The introduction of methods for alternative dispute resolution (ADR) into social life, including the use of impartial mediation in the practice of the Polish justice system, signals some social change. The practice and procedure of mediation is of particular importance in cases regarding close relationships between people. This article explains and promotes family mediation as a form of ADR. Experience shows that mediation in family matters brings a number of benefits to conflicted parties and the justice system.   Keywords: Conflict, dispute, mediation, family.

ASAS KEPASTIAN HUKUM DAN ASAS KEBEBASAN BERKONTRAK SEBAGAI PERTIMBANGAN UTAMA DALAM PENYELESAIAN SENGKETA PERBANKAN SYARIAH (Kajian Yuridis Putusan MK Nomor 93/PUU-X/2012)

2018 ◽  
Vol 3 (1) ◽  
pp. 69
Author(s):  
Edi Hudiata
Keyword(s):  
Dispute Resolution ◽  
Judicial Review ◽  
Alternative Dispute Resolution ◽  
Contract Law ◽  
Islamic Banking ◽  
Constitutional Court ◽  
Legal Certainty ◽  
Ideal Norm ◽  
Freedom Of Contract ◽  
Binding Force

Since the verdict of the Constitutional Court (MK) Number 93/PUU-X/2012 pronounced on Thursday, August 29, 2013, concerning the judicial review of Law No. 21 of 2008 on Islamic Banking, it is no longer dualism dispute resolution. The verdict as well as strengthen the jurisdiction of Religious Court to resolve Islamic banking disputes. In consideration of the judges, judges agreed stating that Article 55 paragraph (2) and (3) of Law No. 21 of 2008 which is an ideal norm, contains no constitutional problems. The problem is the explanation of the constitutional article 55 paragraph (2) of the Act. The emergence of the Constitutional Court verdict No. 93/PUU-X/2012 which substantially states that the explanation of Article 55 paragraph (2) of Law No. 21 of 2008 does not have binding force, basically does not violate the principle of freedom of contract which is common in contract law. The parties are allowed to make a dispute resolution agreement out of religious court based on provisions as Act No. 30 of 1999 on Arbitration and Alternative Dispute Resolution. Keywords: dispute resolution, legal certainty and the principle of freedom of contract

Kajian Ekonomis Penyelesaian Sengketa Bisnis melalui ADR (Alternative Despute Resolution)

2020 ◽  
Vol 4 (1) ◽  
pp. 74
Author(s):  
Miswardi Miswardi
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Economic Benefits ◽  
Legal Institution ◽  
Business People ◽  
Minimize Costs

<p align="center"> </p><p><em>In line with the increasing demands of the business in the era of globalization, especially related to the resolution of business conflicts, business people have tried to find alternative dispute resolution methods other than justice. This is because the judicial institution as a legal institution that should be able to play its role in efforts to resolve various kinds of business conflicts, is in reality not as expected by business people. There is support for normative formalities. Therefore alternative dispute resolution institutions can be used as a very possible choice. This alternative institution is considered more effective in various aspects of business dispute resolution, in response to the demands of very fierce business competition. Some economic benefits gained from choosing a solution through ADR (Alternative Despute Resolution) are that this model is not formal, saves more time and also minimize costs in dispute resolution.</em></p><p> </p>

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