Family Law Arbitration Now And Beyond
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Family Law Arbitration Now And Beyond
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Author :
language : en
Publisher:
Release Date : 2020
Family Law Arbitration Now And Beyond written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Electronic books categories.
Family Law Arbitration
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Author : Suzanne Kingston
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-05-31
Family Law Arbitration written by Suzanne Kingston and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-31 with Law categories.
Family Law Arbitration is a guide to arbitration in family matters both financial and in respect of children. It sets out: - what is meant by arbitration - the process - the purpose - its benefits - important cases including arbitration decisions confirmed in the High Court It gives practitioners and lay individuals an understanding of family law arbitration, how it works in family matters and what can be expected when an arbitration proceeds, showing both the lawyers involved and the client all they need to know in terms of practice and procedure. There have been a number of developments since publication of the second edition in 2017 including numerous cases and revised practice guidance over the years which are referenced in the book In particular, there is new material on: - Arbitration – practical tips and a comparative table of family arbitration around the world - Children Scheme allowing leave to remain in Hague countries - The case of Haley v Haley which provided important considerations in relation to the appeal of family law arbitration. - Impact of Covid – many people are choosing arbitration over appearing in court. - The 'Certainty Project' and looking to the future. The practical nature of the work is enhanced by comprehensive Appendices: Forms and Precedents which include: - Draft letters to solicitors/client in respect of financial and children issues - A pre-commitment Questionnaire - Checklist for discussion at the IFLA Family Arbitration first meeting - Arbitrator's Terms of Engagement - A final checklist - Draft letters to HMCTS - Titles for New Square Omnibus Orders - Order to stay proceedings - Enforcement of an Arbitrator's Order - Securing attendance of witnesses Family Law Arbitration is essential reading for the judiciary, legal practitioners, local authorities, academics and students in the UK. It is also of interest to the legal profession, academics and students internationally as it provides a comparison of Family Law Arbitration in England and Wales with the regime in other jurisdictions as well as an understanding as to its advancement and development and why Arbitration in England and Wales can assist in international family law matters. This book has been used as a main resource of followers of the International Academy of Family Lawyers (IAFL). This title is included in Bloomsbury Professional's Family Law online service.
Family Law Arbitration
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Author : Dennis Sheridan
language : en
Publisher:
Release Date : 2014
Family Law Arbitration written by Dennis Sheridan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Arbitration and award categories.
After consultation with the Family Justice Council and other interested bodies, the Institute of Family Arbitrators (IFLA) has drawn up rules for a family law arbitration scheme that covers any financial and property disputes arising from family relationships.
Arbitration Of Family Separation Issues A Useful Adjunct To Mediation And The Court Process
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Author : Madelene de Jong
language : en
Publisher:
Release Date : 2015
Arbitration Of Family Separation Issues A Useful Adjunct To Mediation And The Court Process written by Madelene de Jong and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.
For over half a century now, section 2(a) of the Arbitration Act 42 of 1965 has prohibited arbitration in respect of matrimonial and related matters. In this article it will be illustrated that this prohibition is clearly incompatible with present-day demands. Today there is a strong tendency in public policy towards alternative dispute resolution processes such as arbitration. As any recommendations that arbitration should be applied to family law disputes must be anchored in an analysis of the specific character of the arbitral remedy, the article begins by giving a broad overview of the nature of arbitration. This is followed by a discussion of the present-day demand for family arbitration, which examines the problems experienced with the adversarial system of litigation in resolving family law disputes, party autonomy, the development of alternative dispute resolution processes such as mediation and arbitration, the special synergy between mediation and arbitration, the success of arbitration in other fields of law and possible forerunners for family arbitration in South Africa. Inherent in the demand for family law arbitration are the many advantages of arbitration, which are also touched upon. Thirdly, current trends in England, Australia, the United States of America, Canada and India are analysed so as to identify a suitable family law arbitration model for South Africa. Special attention is paid to the matters that should be referred to arbitration - for example, should it be confined to matrimonial property and financial disputes or extended to all matters incidental to divorce or family breakdown, including children's issues? Other questions examined include whether family arbitration should comply with substantive law only, who should act as arbitrators, whether family arbitration should be voluntary or compulsory, what the court's role in the family arbitration process should be, and whether family law arbitration should be regulated by the existing Arbitration Act or by a separate statute with specialised rules for family matters. Lastly, it is concluded that although family arbitration will not have universal appeal or common application, it should be encouraged and enforceable for those who choose this private alternative dispute settlement technique to resolve their family disputes.
Family Law Arbitration
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Author : Dennis Richard Sheridan
language : en
Publisher:
Release Date : 2017
Family Law Arbitration written by Dennis Richard Sheridan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Arbitration and award categories.
Family Law Arbitration
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Author : Suzanne Kingston
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-05-31
Family Law Arbitration written by Suzanne Kingston and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-31 with Law categories.
Family Law Arbitration is a guide to arbitration in family matters both financial and in respect of children. It sets out: - what is meant by arbitration - the process - the purpose - its benefits - important cases including arbitration decisions confirmed in the High Court It gives practitioners and lay individuals an understanding of family law arbitration, how it works in family matters and what can be expected when an arbitration proceeds, showing both the lawyers involved and the client all they need to know in terms of practice and procedure. There have been a number of developments since publication of the second edition in 2017 including numerous cases and revised practice guidance over the years which are referenced in the book In particular, there is new material on: - Arbitration – practical tips and a comparative table of family arbitration around the world - Children Scheme allowing leave to remain in Hague countries - The case of Haley v Haley which provided important considerations in relation to the appeal of family law arbitration. - Impact of Covid – many people are choosing arbitration over appearing in court. - The 'Certainty Project' and looking to the future. The practical nature of the work is enhanced by comprehensive Appendices: Forms and Precedents which include: - Draft letters to solicitors/client in respect of financial and children issues - A pre-commitment Questionnaire - Checklist for discussion at the IFLA Family Arbitration first meeting - Arbitrator's Terms of Engagement - A final checklist - Draft letters to HMCTS - Titles for New Square Omnibus Orders - Order to stay proceedings - Enforcement of an Arbitrator's Order - Securing attendance of witnesses Family Law Arbitration is essential reading for the judiciary, legal practitioners, local authorities, academics and students in the UK. It is also of interest to the legal profession, academics and students internationally as it provides a comparison of Family Law Arbitration in England and Wales with the regime in other jurisdictions as well as an understanding as to its advancement and development and why Arbitration in England and Wales can assist in international family law matters. This book has been used as a main resource of followers of the International Academy of Family Lawyers (IAFL). This title is included in Bloomsbury Professional's Family Law online service.
International And Comparative Mediation
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Author : Nadja Marie Alexander
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2009-01-01
International And Comparative Mediation written by Nadja Marie Alexander and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Law categories.
"In a world where the borders of the global community are fluid, and where disputants manifest increasingly diverse attributes and needs, mediation ? for decades hovering at the edge of dispute resolution practice ? is now emerging as the preferred approach, both in its own right and as an adjunct to arbitration. Mediation processes are sufficiently flexible to accommodate a range of stakeholders (not all of whom might have legal standing) in ways the formality of arbitration and litigation would not normally allow. Among mediation?s many advantages are time and cost efficiencies, sensitivity to cultural differences, and assured privacy and confidentiality. This book meets the practice needs of lawyers confronted with cross-border disputes now arising far beyond the traditional areas of international commerce, such as consumer disputes, inter-family conflicts, and disagreements over Internet-based transactions. The author takes full account of mediation?s risks and limitations, primarily its lack of finality and uncertainty in relation to enforceability issues which will persist until the advent of appropriate international regulation."--Publisher's website.
Commercial Arbitration In Australia
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Author : Doug Jones
language : en
Publisher: Lawbook Company
Release Date : 2011
Commercial Arbitration In Australia written by Doug Jones and has been published by Lawbook Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Arbitration agreements, Commercial categories.
Commercial Arbitration Law in Australia provides an essential and timely guide to domestic commercial arbitration in Australia following the 2010 decision by the Standing Committee of Attorneys-General (SCAG) to enact new uniform commercial arbitration acts in each jurisdiction. The new uniform legislation uses the UNICTRAL Model Law as its basis with deviations necessary for the Australian domestic setting and has already been enacted in New South Wales. These substantive and procedural changes to Australia's existing domestic arbitration law make a new and comprehensive text on this topic essential. Commercial Arbitration Law in Australia will provide the reader with: a background to the reform process, in-depth consideration of relevant case law from around the world, as influenced by the UNCITRAL Model Law, Australian jurisprudence on arbitration law and practice, A section-by-section commentary on the new Commercial Arbitration Act 2010 (NSW), which follows the SCAG's model provisions, and discussion of alternative forms of dispute resolution. This work is a 'must have' for anyone involved in commercial dispute resolution in Australia whether as a party to the arbitration, counsel, neutral or student.
The Uncitral Model Law And Asian Arbitration Laws
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Author : Gary F. Bell
language : en
Publisher: Cambridge University Press
Release Date : 2018-10-04
The Uncitral Model Law And Asian Arbitration Laws written by Gary F. Bell and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-04 with Language Arts & Disciplines categories.
Explores how the text and principles of the UNCITRAL Model Arbitration Law are implemented, or not, in key Asian jurisdictions.
Beyond Accommodation
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Author : Jennifer Selby
language : en
Publisher: UBC Press
Release Date : 2018-09-01
Beyond Accommodation written by Jennifer Selby and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-01 with Social Science categories.
Problems – of integration, failed political participation, and requests for various kinds of accommodation – seem to dominate the research on minority Muslims in Western nations. Beyond Accommodation offers a different perspective, showing how Muslim Canadians successfully navigate and negotiate their religiosity in the more mundane moments of their lives. Drawing on interviews with Muslims in Montreal and St. John’s, Selby, Barras, and Beaman examine moments in which religiosity is worked out. They critique the model of reasonable accommodation, which has been lauded internationally for acknowledging and accommodating religious and cultural differences. The authors suggest that it disempowers religious minorities by implicitly privileging Christianity and by placing the onus on minorities to make requests for accommodation. The interviewees show that informal negotiation occurs all the time; scholars, however, have not been paying attention. This book advances a new model for studying the navigation and negotiation of religion in the public sphere and presents an alternative picture of how religious difference is woven into the fabric of Canadian society.