Overview

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, and 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? This title is included in Bloomsbury Professional's International Arbitration online service.

Full Product Details

Author:   Mavis Maclean (University of Oxford, UK) ,  Bregje Dijksterhuis (Utrecht University, the Netherlands)
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Weight:   0.363kg
ISBN:  

9781509952274

ISBN 10:   1509952276
Pages:   256
Publication Date:   15 July 2021
Audience:   College/higher education ,  Tertiary & Higher Education
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of Contents

Introduction Mavis Maclean and Bregje Dijksterhuis PART A DIGITAL FAMILY JUSTICE: POLITICAL AND PROFESSIONAL CONTEXTS FOR CHANGE (1) The Political Landscape 1. ‘My Problem, My Solution’? Private Ordering and Self-help in British Columbia, Canada Rachel Treloar 2. Choosing Paths to Dispute Resolution in Post-Communist Poland Malgorzata Fuszara and Jacek Kurczewski 3. Competing Logics, Norms and World Visions: The Family Justice System in Turkey Verda Irtis (2) The Professional Landscape 4. Legal Help by Student Lawyers: Harnessing the Thinking Behind Digital Expert Systems Lisa Webley 5. Mediation in Germany – The Possibilities for and Limits of Mediation Adelheid Kuhne and Barbara Willenbacher 6. Different Forms of Alternative Dispute Resolution: The Framework for Family Mediation in Spain Teresa Piconto Novales, Elena Lauroba, Cristina Merino and Marcos Loredo Colunga PART B THE DEVELOPMENT OF DIGITAL FAMILY JUSTICE 7. Family Justice in France: Two Dimensions of Digitisation Benoit Bastard 8. From ADR to ODR in Scots Family Justice: No Clear Direction of Travel Jane Mair 9. Representations of Family Justice in Online Communities Leanne Smith 10. Digital Pathways in Australian Family Law: An Initial Snapshot Belinda Fehlberg and Bruce Smyth PART C THE WAY AHEAD 11. The Online Divorce Resolution Tool ‘Rechtwijzer uit Elkaar’ Examined Bregje Dijksterhuis 12. The Digital Contribution to Reforming the Traditional Family Justice System in England and Wales: Reaching for the Best of Both Worlds? Mavis Maclean 13. A Short Case Study: A Considered and Collaborative Approach to Digital Delivery in England and Wales Alexy Buck, Alejandra Diaz and Kate Gregory-Smith

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Author Information

Mavis Maclean is co-founder of the Oxford Centre for Family Law and Policy, Department of Social Policy and Intervention, Oxford University and Senior Research Fellow of St Hilda's College, Oxford. Bregje Dijksterhuis is Assistant Professor at Utrecht University.

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