Women Matrimonial Litigation And Alternative Dispute Resolution Adr

Author : Neelam Tyagi
Publisher :
ISBN 13 : 9789811610165
Total Pages : 0 pages
Book Rating : 4.69/5 ( download)

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Download or read book Women, Matrimonial Litigation and Alternative Dispute Resolution (ADR) written by Neelam Tyagi and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the practice of Alternative Dispute Resolution (ADR) as it stands today in the context of matrimonial disputes and for providing gender justice for women undergoing matrimonial litigation. ADR is a fairly recent but increasingly prevalent phenomenon that has significantly evolved due to the failure of the adversarial process of litigation to provide timely resolution of disputes. The book explores the merit and demerit of traditional litigation process and emergence, socio-legal framework, work environment and success rate of various ADR processes in general and for resolving matrimonial disputes in particular. It comprehensively discusses the role of various institutions and attitudes and perceptions of ADR practitioners. It analyzes the influence of patriarchal cultural assumptions of appropriate feminine behaviour and its effect on ADR practitioners like mediators and counsellors that leads to the marginalization of aggrieved woman's issues. With a brief analysis of the experience and challenges faced with the way the ADR process is conducted, the focus is on probing the vulnerability of aggrieved women. The book critiques the practice of ADR as it is today and offers constructive ways forward by providing suggestions, insights, and analysis that could bring about a transformation in the way justice is delivered to women. This in-depth study is an attempt to guide decision making by bringing forth and legitimizing the battered women's voice which often goes unrepresented, in the debate about the efficacy of ADR mechanism in resolving matrimonial disputes. The book is of interest to those working for justice for women, particularly in the context of matrimonial disputes -- legal professionals, mediators, counsellors, judges, academicians, women rights activists, researchers in the field of gender and women studies, social work and law, ADR educators, policymakers and general readers who are inclined and interested in bringing a gender perspective to their area of work.

Author : Neelam Tyagi
Publisher : Springer Nature
ISBN 13 : 9811610150
Total Pages : 331 pages
Book Rating : 4.58/5 ( download)

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Download or read book Women, Matrimonial Litigation and Alternative Dispute Resolution (ADR) written by Neelam Tyagi and published by Springer Nature. This book was released on 2021-04-05 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the practice of Alternative Dispute Resolution (ADR) as it stands today in the context of matrimonial disputes and for providing gender justice for women undergoing matrimonial litigation. ADR is a fairly recent but increasingly prevalent phenomenon that has significantly evolved due to the failure of the adversarial process of litigation to provide timely resolution of disputes. The book explores the merit and demerit of traditional litigation process and emergence, socio-legal framework, work environment and success rate of various ADR processes in general and for resolving matrimonial disputes in particular. It comprehensively discusses the role of various institutions and attitudes and perceptions of ADR practitioners. It analyzes the influence of patriarchal cultural assumptions of appropriate feminine behaviour and its effect on ADR practitioners like mediators and counsellors that leads to the marginalization of aggrieved woman’s issues. With a brief analysis of the experience and challenges faced with the way the ADR process is conducted, the focus is on probing the vulnerability of aggrieved women. The book critiques the practice of ADR as it is today and offers constructive ways forward by providing suggestions, insights, and analysis that could bring about a transformation in the way justice is delivered to women. This in-depth study is an attempt to guide decision making by bringing forth and legitimizing the battered women’s voice which often goes unrepresented, in the debate about the efficacy of ADR mechanism in resolving matrimonial disputes. The book is of interest to those working for justice for women, particularly in the context of matrimonial disputes -- legal professionals, mediators, counsellors, judges, academicians, women rights activists, researchers in the field of gender and women studies, social work and law, ADR educators, policymakers and general readers who are inclined and interested in bringing a gender perspective to their area of work.

Author : Dafna Lavi
Publisher : Routledge
ISBN 13 : 1351104462
Total Pages : 228 pages
Book Rating : 4.63/5 ( download)

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Download or read book Alternative Dispute Resolution and Domestic Violence written by Dafna Lavi and published by Routledge. This book was released on 2018-05-11 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Samia Bano
Publisher : Brandeis University Press
ISBN 13 : 1512600369
Total Pages : 350 pages
Book Rating : 4.60/5 ( download)

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Download or read book Gender and Justice in Family Law Disputes written by Samia Bano and published by Brandeis University Press. This book was released on 2017-05-02 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recently, new methods of dispute resolution in matters of family law-such as arbitration, mediation, and conciliation-have created new forms of legal culture that affect minority communities throughout the world. There are now multiple ways of obtaining restitution through nontraditional alternative dispute resolution (ADR) mechanisms. For some, the emergence of ADRs can be understood as part of a broader liberal response to the challenges presented by the settlement of migrant communities in Western liberal democracies. Questions of rights are framed as "multicultural challenges" that give rise to important issues relating to power, authority, agency, and choice. Underpinning these debates are questions about the doctrine and practice of secularism, citizenship, belonging, and identity. Gender and Justice in Family Law Disputes offers insights into how women's autonomy and personal decision-making capabilities are expressed via multiple formal and nonformal dispute-resolution mechanisms, and as part of their social and legal lived realities. It analyzes the specific ways in which both mediation and religious arbitration take shape in contemporary and comparative family law across jurisdictions. Demarcating lines between contemporary family mediation and new forms of religious arbitration, Bano illuminates the complexities of these processes across multiple national contexts.

Author :
Publisher :
ISBN 13 :
Total Pages : 90 pages
Book Rating : 4.81/5 ( download)

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Download or read book In Search of Justice written by and published by . This book was released on 2002 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt: With reference to Bangladesh.

Author : Nandini Gore
Publisher : OrangeBooks Publication
ISBN 13 :
Total Pages : 208 pages
Book Rating : 4./5 ( download)

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Download or read book Handbook on Mediation written by Nandini Gore and published by OrangeBooks Publication. This book was released on 2021-02-02 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: A dispute arises when a claim is asserted by one party and disputed by another. The dispute is a disagreement or differences which later on convert its form into conflict between people at different levels. Mediation is a means of dispute resolution which have not been embarrassed in India as much as it possibly deserved. While it is often resorted to, at the suggestions of the courts, in the context of matrimonial and family dispute and very sparingly of corporate, commercial, and criminal matters. This book gives an insight about the inherent flexibility of mediation process in a simplified version providing the readers the basic concept of mediation and about relevant international treaties. With the outbreak of Covid-19 pandemic and consequential worldwide commercial destruction, it is more important than ever to try and resolve disputes by mediation and more specifically learning about online mediations.

Author : Livia Holden
Publisher : Routledge
ISBN 13 : 1317607287
Total Pages : 295 pages
Book Rating : 4.81/5 ( download)

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Download or read book Legal Pluralism and Governance in South Asia and Diasporas written by Livia Holden and published by Routledge. This book was released on 2016-04-14 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Pluralism and Governance in South Asia and the Diasporas contributes to the already heated debate about legal pluralism and the ontology of law by shifting the attention toward the relationship between what is treated as law and its impact on governance at the fora of dispute resolution. This book addresses sensitive issues such as gender rights and alternative dispute resolution in India, Hindu and Muslim personal laws in South Asia and in Europe, cross-border white violence, the change to Islamic legal traditions under Western domination, women’s inheritance in Pakistan and in the disputed territory of Gilgit Baltistan, indigenous rights and resistance at the India-Bangladesh border, and customary laws of nomadic groups in India. The authors deploy a variety of views that point at the pros and cons of legal pluralism and also integrates its opponents. They show how constructions of identity, religion, and power have historically informed the conceptualisation of secularism which may be an ideal, sometimes able to provide for perceptions of accountable governance, but also generating dividing worldviews. This book was published as a special issue of the Journal of Legal Pluralism and Official Law.

Author : Srimati Basu
Publisher : University of California Press
ISBN 13 : 0520282450
Total Pages : 280 pages
Book Rating : 4.52/5 ( download)

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Download or read book The Trouble with Marriage written by Srimati Basu and published by University of California Press. This book was released on 2015-01-03 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Trouble with Marriage is part of a new global feminist jurisprudence around marriage and violence that looks to law as strategy rather than solution. In this ethnography of lawyer-free family courts and mediations of rape and domestic violence charges in India, Srimati Basu depicts everyday life in legal sites of marital trouble, reevaluating feminist theories of law, marriage, violence, property, and the state. Basu argues that alternative dispute resolution, originally designed to empower women in a less adversarial legal environment, has created new subjectivities, but, paradoxically, has also reinforced oppressive socioeconomic norms that leave women no better off, individually or collectively.

Author :
Publisher :
ISBN 13 :
Total Pages : 636 pages
Book Rating : 4.33/5 ( download)

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Download or read book Alternative Means of Family Dispute Resolution written by and published by . This book was released on 1982 with total page 636 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Kathy Mack
Publisher :
ISBN 13 :
Total Pages : 146 pages
Book Rating : 4.20/5 ( download)

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Download or read book Alternative dispute resolution and access to justice for women written by Kathy Mack and published by . This book was released on 1995 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: