Dealing with the interface between the Alternative Dispute Resolution (ADR) movement and the phenomenon of domestic violence against women, this book examines the phenomenon of divorce disputes involving violence through the prism of ‘alternative justice’ and the dispute resolution mechanisms offered by the ADR movement. This book is the first academic treatise presenting the theoretical underpinnings of the correlation between the ADR movement and divorce disputes involving violence, and the potential contribution of this movement to the treatment of disputes of this nature. Through mapping the main values of the ADR movement, the book proposes a theoretical-analytical basis for understanding the inability of the legal system to deal with disputes of this nature, alongside a real alternative, in the form of the ADR mechanisms.
This unique new handbook explains this emerging dispute resolution model of collaborative law that is helping family lawyers bring their clients through the divorce passage with integrity and satisfaction. Collaborative Law describes how this approach engages the unique problem-solving skills of lawyers to achieve settlements that creatively and appropriately customize outcomes in the way that few courts are able to achieve. In the collaborative process, fees and costs are minimized, high-quality legal counsel and negotiating assistance are built in, and the ability of divorcing spouses to cooperate and coparent is maximized to a dramatic extent.
This 2002 book addresses one of the most controversial topics in restorative justice: its potential for dealing with conflicts within families. Most restorative justice programs specifically exclude family violence as an appropriate offence to be dealt with this way. This book focuses on the issues in family violence that may warrant special caution about restorative justice, in particular, feminist and indigenous concerns. At the same time it looks for ways of designing a place for restorative interventions that respond to these concerns. Further, it asks whether there are ways that restorative processes can contribute to reducing and preventing family violence, to healing its survivors and to confronting the wellsprings of this violence. The book discusses the shortcomings of the present criminal justice response to family violence. It suggests that these shortcomings require us to explore other ways of addressing this apparently intractable problem.
"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Clinical sociology is an action-oriented field that seeks to prevent, reduce, or resolve the seemingly overwhelming number of social problems confronting modern society. In an extensive revision of the first edition of this classic text and reference, published by Plenum in 1990, the editors have assembled a distinguished roster of contributors to address such topics as theory and practice; intervention at various levels of social organization; specific kinds of sociological practice; social problems; and the process of becoming a clinical sociologist.
Comparative Dispute Resolution offers an original, wide-ranging, and invaluable corpus of chapters on dispute resolution. Enriched by a broad, comparative vision and a focus on the processes used to handle disputes, this study adds significantly to the discourse around comparative legal studies. Chapters present new understandings of theoretical, comparative and transnational dimensions of the manner in which societies and their legal systems respond to difficulties in social relations.
Sponsored by the Conflict Resolution Education Network "Far and away the most comprehensive guide available.... Warterspresents a wide range of possible program structures and providesthe information that organizers and participants need to select thebestoption." --James B. Boskey (1942-1999), former editor and publisher, TheAlternative Newsletter, and former professor of law, Seton HallLaw School, New Jersey "Professionally written, logically organized, and delivered in apersonal style that is appealing to the reader.... A thoughtfulbalance of theory with pragmatic suggestions for developing andintegrating a mediation program on campus." --Roger Witherspoon, vice president, Student Development, John JayCollege of Criminal Justice "Warters not only conveys the need for mediation on campus, butthe importance of relating mediation to existing mechanisms such asstudent judicial affairs and other grievance processes." --Gene Zdziarski, developer of Student Conflict Resolution Servicesand associate director of Student Life, Texas A&M University,and former board member of the Association for Student JudicialAffairs Learn how to design, implement, manage, and evaluate mediationand conflict resolution programs on all types of campuses. WilliamC. Warters--a widely-known authority on dispute resolution inhigher education--offers administrators, faculty, student servicesprofessionals, and student groups step-by-step advice on mediationprogram development. He draws on case examples and ideas fromcampuses across the country to illustrate strategies for developingcreative and effective responses to conflict. Readers will find aten-step guide for creating new programs, plus advice on stafftraining, program promotion, results evaluation, and more. Sampleforms, policy language, promotional materials, mission statements,assessment questions, and a case management script are among themany resources provided in this guide.
Written by an experienced attorney who frequently speaks on various family law topics, Prenuptial Agreements Line by Line is a comprehensive examination of the crucial components included in a sample prenuptial agreement for the family law practitioner, general practice attorney, paralegal, mediator, or law student. This book explains the reasoning behind different clauses in a prenuptial agreement, including those that address the division of marital and separate assets, consideration, spousal support, attorneys fees and costs, alternative dispute resolution, and confidentiality to help meet the specific needs of each client. The sample agreement contained in this book outlines a variety of options and alternatives in drafting a prenuptial agreement, including some ways spousal support can be addressed, how property and debt division might be tackled, as well as potential confidentiality issues and potential agreements on alternative dispute resolution. While this agreement is not designed to include every possible provision, it acts as a useful starting point for the drafting of an enforceable contract. Prenuptial Agreements Line by Line is a valuable resource for anyone who has ever helped draft or negotiate a prenuptial agreement.
In 2002 the Chief Justice of the Family Court of Australia, Alastair Nicholson, appointed a Family Violence Committee to review all aspects of the Court's management of matters involving violence and the protection from harm of its clients, their children, and staff. The strategy proposed by this Committee was subsequently endorsed by the Chief Justice's Consultative Council. This report sets out the stratetgy.
