Digital family justice : from alternative dispute resolution to online dispute resolution? /
Digital family justice : from alternative dispute resolution to online dispute resolution? /
edited by Mavis Maclean and Bregje Dijksterhuis.
- Oñati international series in law and society .
- Oñati international series in law and society. .
Electronic book available via the Ebook Central platform.
I. Digital family justice : political and professional contexts for change -- 'My problem, my solution'? : private ordering and self-help in British Columbia, Canada / Choosing paths to dispute resolution in post-Communist Poland / Competing logics, norms and world visions : the family justice system in Turkey / Legal help by student lawyers : harnessing the thinking behind digital expert systems / Mediation in Germany : the possibilities for and limits of mediation / Different forms of alternative dispute resolution : the framework for family mediation in Spain / II. The development of digital family justice -- Family justice in France : two dimensions of digitisation / From ADR to ODR in Scots family justice : no clear direction of travel / Representations of family justice in online communities / Digital pathways in Australian family law : an initial snapshot / III. The way ahead -- The online divorce resolution tool 'Rechtwijzer uit Elkaar' examined / The digital contribution to reforming the traditional family justice system in England and Wales : reaching for the best of both worlds? / A short case study : a considered and collaborative approach to digital delivery in England and Wales / Rachel Treloar -- Małgorzata Fuszara and Jacek Kurczewski -- Verda Irtis -- Lisa Webley -- Adelheid Kuhne and Barbara Willenbacher -- Teresa Piconto Novales, Elena Lauroba, Cristina Merino and Marcos Loredo Colunga -- Benoit Bastard -- Jane Mair -- Leanne Smith -- Belinda Fehlberg and Bruce Smyth -- Bregje Dijksterhuis -- Mavis Maclean -- Alexy Buck, Alejandra Diaz and Kate Gregory-Smith.
"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. But also 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?" --
9781509928538 9781509928545 9781509928521
2019031423
Domestic relations courts.
Matrimonial actions.
Online dispute resolution.
346.0150269
Electronic book available via the Ebook Central platform.
I. Digital family justice : political and professional contexts for change -- 'My problem, my solution'? : private ordering and self-help in British Columbia, Canada / Choosing paths to dispute resolution in post-Communist Poland / Competing logics, norms and world visions : the family justice system in Turkey / Legal help by student lawyers : harnessing the thinking behind digital expert systems / Mediation in Germany : the possibilities for and limits of mediation / Different forms of alternative dispute resolution : the framework for family mediation in Spain / II. The development of digital family justice -- Family justice in France : two dimensions of digitisation / From ADR to ODR in Scots family justice : no clear direction of travel / Representations of family justice in online communities / Digital pathways in Australian family law : an initial snapshot / III. The way ahead -- The online divorce resolution tool 'Rechtwijzer uit Elkaar' examined / The digital contribution to reforming the traditional family justice system in England and Wales : reaching for the best of both worlds? / A short case study : a considered and collaborative approach to digital delivery in England and Wales / Rachel Treloar -- Małgorzata Fuszara and Jacek Kurczewski -- Verda Irtis -- Lisa Webley -- Adelheid Kuhne and Barbara Willenbacher -- Teresa Piconto Novales, Elena Lauroba, Cristina Merino and Marcos Loredo Colunga -- Benoit Bastard -- Jane Mair -- Leanne Smith -- Belinda Fehlberg and Bruce Smyth -- Bregje Dijksterhuis -- Mavis Maclean -- Alexy Buck, Alejandra Diaz and Kate Gregory-Smith.
"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. But also 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?" --
9781509928538 9781509928545 9781509928521
2019031423
Domestic relations courts.
Matrimonial actions.
Online dispute resolution.
346.0150269