Women, Matrimonial Litigation and Alternative Dispute Resolution (ADR)

Women, Matrimonial Litigation and Alternative Dispute Resolution (ADR)
Author :
Publisher : Springer Nature
Total Pages : 331
Release :
ISBN-10 : 9789811610158
ISBN-13 : 9811610150
Rating : 4/5 (58 Downloads)

Synopsis Women, Matrimonial Litigation and Alternative Dispute Resolution (ADR) by : Neelam Tyagi

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.

Women, Matrimonial Litigation and Alternative Dispute Resolution (ADR)

Women, Matrimonial Litigation and Alternative Dispute Resolution (ADR)
Author :
Publisher :
Total Pages : 0
Release :
ISBN-10 : 9811610169
ISBN-13 : 9789811610165
Rating : 4/5 (69 Downloads)

Synopsis Women, Matrimonial Litigation and Alternative Dispute Resolution (ADR) by : Neelam Tyagi

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.

Legal Pluralism and Governance in South Asia and Diasporas

Legal Pluralism and Governance in South Asia and Diasporas
Author :
Publisher : Routledge
Total Pages : 295
Release :
ISBN-10 : 9781317607281
ISBN-13 : 1317607287
Rating : 4/5 (81 Downloads)

Synopsis Legal Pluralism and Governance in South Asia and Diasporas by : Livia Holden

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.

Muslim Women and Shari'ah Councils

Muslim Women and Shari'ah Councils
Author :
Publisher : Springer
Total Pages : 335
Release :
ISBN-10 : 9781137283856
ISBN-13 : 1137283858
Rating : 4/5 (56 Downloads)

Synopsis Muslim Women and Shari'ah Councils by : S. Bano

Using original empirical data and critiquing existing research, Samia Bano explores the experience of British Muslim woman who use Shari'ah councils to resolve marital disputes. She challenges the language of community rights and claims for legal autonomy in matters of family law showing how law and community can empower as well as restrict women.

Gender Dimensions of Investment Climate Reform

Gender Dimensions of Investment Climate Reform
Author :
Publisher : World Bank Publications
Total Pages : 262
Release :
ISBN-10 : 9780821380987
ISBN-13 : 0821380982
Rating : 4/5 (87 Downloads)

Synopsis Gender Dimensions of Investment Climate Reform by : Sevi Simavi

The economic empowerment of women is increasingly seen as one of the most important forces behind economic growth and the fight against poverty. Indeed, women's economic participation in an economy as entrepreneurs, employees, and leaders is recognized as a measure of a country's dynamism and viability. 'Gender Dimensions of Investment Climate Reform' provides fresh solutions to common issues that women entrepreneurs face. It presents actionable, replicable, and scalable tools for promoting gender-sensitive investment climate reforms that would benefit both women and men. The book enables development practitioners and policy makers who are not gender specialists to diagnose gender issues in an investment climate; design creative and practical solutions and recommendations for addressing gender constraints; and monitor and evaluate the implementation of those recommendations.

Children, Courts, and Custody

Children, Courts, and Custody
Author :
Publisher : Cambridge University Press
Total Pages : 246
Release :
ISBN-10 : 0521529301
ISBN-13 : 9780521529303
Rating : 4/5 (01 Downloads)

Synopsis Children, Courts, and Custody by : Andrew Schepard

Sample Text

Gender and Justice in Family Law Disputes

Gender and Justice in Family Law Disputes
Author :
Publisher : Brandeis University Press
Total Pages : 350
Release :
ISBN-10 : 9781512600360
ISBN-13 : 1512600369
Rating : 4/5 (60 Downloads)

Synopsis Gender and Justice in Family Law Disputes by : Samia Bano

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.

Law and Society

Law and Society
Author :
Publisher : Taylor & Francis
Total Pages : 343
Release :
ISBN-10 : 9781000902990
ISBN-13 : 1000902994
Rating : 4/5 (90 Downloads)

Synopsis Law and Society by : Steven E. Barkan

The new third edition of Law and Society provides a balanced, multidisciplinary, and comprehensive overview of law as an essential social institution that both shapes and is shaped by society. Between this book’s covers, readers will find the theoretical and conceptual contributions of anthropologists, historians, law professors, political scientists, philosophers, psychologists, and sociologists. By synthesizing this wide range of perspectives, the book provides readers with a nuanced and in-depth context to think about, discuss, and analyze current trends, issues, and events. Through this book, readers will also grasp the many ways law affects the lives of individuals and, more generally, how law and society affect each other in matters such as dispute settlement, criminal law, social movements, inequality, and social control. The third edition is brought up to date with the helpful reorganization of chapters. Separate chapters exploring how we define law, the differences among the major families of law, and dispute processing make the textbook more readable and adaptable to specific course objectives. Thorough revisions across the chapters reflect the latest sociolegal perspectives and research and include many new references and contemporary examples to help students appreciate a wide range of law and society issues. This thoughtful and stimulating introduction to the field is ideal for advanced undergraduate courses in Law and Society and Introduction to Law.

Opening Doors

Opening Doors
Author :
Publisher : World Bank Publications
Total Pages : 209
Release :
ISBN-10 : 9780821397640
ISBN-13 : 0821397648
Rating : 4/5 (40 Downloads)

Synopsis Opening Doors by : The World Bank

The report analyzes key challenges for improving gender equality in the MENA region and provides policy priorities that Governments could consider to address these challenges. By and large the critical areas are in improving economic and political participation of females.