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Mediation - A Necessary Element in Family Dispute Resolution? (Europaeische Hochschulschriften / European University Studie, nr. 1503)


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Mediation as a method of alternative dispute resolution is gaining increased attention in a growing number of legal areas. In Australian law family counselling was developed to deal with issues related to family disputes. It is brought in prior to court settlement of disputes and thus integrated into the system of conflict resolution. The characteristics and use of alternative dispute resolution call into question the role of the court as the sole forum for institutionalised conflict resolution. For this reason the transferability of the concept of mediation into the German legal system needs to be examined. In particular, it needs to be measured against the yardstick of the German Constitution, which by granting basic substantive and procedural rights, sets out the demands a modern state of law makes on a method of conflict resolution.
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Specificații

ISBN-13: 9783631467657
ISBN-10: 3631467656
Pagini: 210
Dimensiuni: 209 x 149 x 12 mm
Greutate: 0.28 kg
Editura: Peter Lang Gmbh, Internationaler Verlag Der W
Seria Europaeische Hochschulschriften / European University Studie


Notă biografică

The Author: Heike Stintzing was born in Schwäbisch Hall in 1962. She studied law at the University of Constance, Germany. Her doctoral thesis was a comparison of the legal situation of de facto relationships in Australia and Germany. She undertook part of the research for that work and for the present study at the Australian Institute of Family Studies, Melbourne, and the University of Melbourne. She is currently an assistant lecturer in Public Law at Professor Stein's chair, University of Constance.

Cuprins

Contents: Background to the Implementation of Alternative Dispute Resolution (ADR) Methods - ADR, Explanation and Evaluation; Presentation of the Australian Model - Differences between the Australian and German Legal Systems - Constitutional Problems Specific to German Law - Overall Conclusions and Implications.