ADR – Law Journals

In practice: A whole new world?

Paul Linsell looks at how family law has developed and asks whether the introduction of no-fault divorce might prove to be a tipping point for further change When we look back in 30 to 50 years from now, we will look upon DDSA 2020 and the changes it has brought and not just find it …

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Alternative dispute resolution: Seeking consensus

Dawn Goodman explores how mediation can work well in trust and estates disputes Ironically, some of the qualities of trust and succession disputes that make them so difficult to settle may make mediation among the most successful ways of achieving a consensual outcome. Trust and estate disputes can be among the most unpleasant and difficult …

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In practice: Are we doing enough?

Claire Molyneux asks whether there is more that can be done to support separating families and minimise the impact on children, potentially by the introduction of a family lawyers’ charter The idea of a family lawyers’ charter is to support family lawyers themselves, in the sense of providing a reflective type of anchor for both …

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Global arbitration: Right place, right time?

Suzanne Kingston, Rachael Kelsey and Geoff Wilson look at developments in arbitration in England and Wales, Scotland and Australia together with tables on arbitration schemes around the world Many countries have statutory provision for family law arbitration schemes and even those that don’t have a statutory scheme have given careful thought to arbitration. In 2012 …

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Private children: Facing the issues

Kate Newton highlights key recommendations in the report of the Family Solutions Group to encourage non-court dispute resolution in private children cases The Family Solutions Group report refers to a ‘series of scattergun initiatives’ and points to a fundamental flaw in the idea that children’s rights and welfare can be protected while they are not …

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