Family dispute resolution and access to justice in Australia

Ojelabi, Lola Akin; Gutman, Judith Mara

doi:10.1017/s1744552320000142

Cited by 5 publications

(3 citation statements)

References 20 publications

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“…There should be mentioned a very important point regarding the professionalism of those who use alternative methods, since this is what determines the maximum positive effect of the procedure [12][13][14].…”

Section: Discussionmentioning

confidence: 99%

Trends in the development of accessibility to civil rights protection

et al. 2021

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The purpose of the study is to analyze the legal regulations that cover the procedures for resolving disputes without judicial proceedings for their subsequent development and popularization. In the course of the study, in combination with a comprehensive and systematic analysis, the following general scientific cognition methods were used: dialectical, hermeneutic, synthesis, the method of ascending from the abstract to the concrete, the method of generalization and comparison. The results of the study are as follows: justice, being a necessary element of building the rule of law, should be supplemented and improved through alternative ways of resolving conflict situations. The latter shall develop civil jurisdiction and resolve disputes on a highly professional basis. It seemed that the creation of a single procedural form would be a guarantee of the effectiveness of the protection of rights, but in contrast to this idea, there was created a procedural code that regulates administrative jurisdiction. In this regard, it seems promising to develop alternative dispute resolution mechanisms, which are simpler models of protection of violated interests than the court. Therefore, the novelty of the study is in the justification of the need to identify patterns of improving access to legal protection through the use of alternative methods of dispute resolution.

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Section: Discussionmentioning

confidence: 99%

Trends in the development of accessibility to civil rights protection

et al. 2021

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“…Other still utilize a systematic law approach in studies concerned with specific geographical contexts (e.g. Francioni 2016, Liu 2016, Dadhich 2016, Mayanja 2016, Hill and Dalla 2017, Ojelabi and Gutman 2020, Noone and Ojelabi 2020. Finally, many studies combine all of these three characteristics by studying for instance the laws or systematic reforms dealing with refugees, asylum seekers or indigenous peoples in specific countries or regions (e.g.…”

Section: ) Theoretical and Methodological Studiesmentioning

confidence: 99%

Access to justice research: On the way to a broader perspective

Storgaard

2022

OSLS

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In this paper a baseline of contemporary access to justice research is established. The baseline clearly illustrates key features of the research field suggesting that while the field of research has become more multifaceted in the course of the last two or three decades, it is nevertheless very much dominated by law scholarship and structural analysis of legal service provision. Departing from this overview of access to justice research as of today, five calls for future research on access to justice explicated in the reviewed literature is presented and discussed. I argue that future research on access to justice should: 1) Reach a clearer understanding of the problem (of access to justice), 2) consider a multidisciplinary approach, 3) support and develop evidence-based policy by committing to empirical research, 4) study a wider variety of social realities and 5) look for quality. The reasonings of this paper are based on a scoping literature review.

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“…Finally, it reviews ramifications for the future considering recommendations from the recent inquiry into the family-law system. 11 The following method/manner of implementing mediation can be used as a solution to family disputes: 9…”

Section: The Role Of Members Of the Muhammadiyah Ulujami Branch Of Pe...mentioning

confidence: 99%

Counseling and Training on Mediation in Family Disputes as an Alternative to Dispute Resolution for Members of The Muhammadiyah Branch Leadership (PCM) Ulujami, Pemalang District

Attamimi,

Adi,

Hidayah

2023

pssh

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Community service activities carried out by a team from the Faculty of Law, Muhammadiyah Purwokerto University which was held on February 3, 2023, located in Ulujami District, Pemalang Regency. The implementation of counseling activities and mediation training is one way to prevent divorce. Based on statistical data that Pemalang Regency is the district with the second highest divorce rate in Central Java. Both divorces are caused by divorce that is done by the husband or divorce that is done by the wife. There are factors that cause divorce filed at the Pemalang Religious Court. The purpose of this service, to reduce the divorce rate in Pemalang Regency, especially for members of the Muhammadiyah Branch Leadership (PCM) Ulujami with the need for counseling and mediation training as an effort to prevent the breakdown of marriage due to divorce if one of the two husbands and wives sues for divorce, and between husband and wife can get along again to become a complete family. Thus conducting counseling and mediation training as an alternative to family dispute resolution is very necessary for districts / cities with high divorce rates. Some of the supporting factors for this service activity include the very high enthusiasm of the members to gain knowledge and training with the presence of 35 members from each family representative under PCM Ulujami Pemalang Regency. Some of the obstacles faced during the service were limitations in supporting facilities including limited space and limited time.

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Family dispute resolution and access to justice in Australia

Cited by 5 publications

References 20 publications

Trends in the development of accessibility to civil rights protection

Trends in the development of accessibility to civil rights protection

Access to justice research: On the way to a broader perspective

Counseling and Training on Mediation in Family Disputes as an Alternative to Dispute Resolution for Members of The Muhammadiyah Branch Leadership (PCM) Ulujami, Pemalang District

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