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However, family mediation has been present in various forms in various cultures world-wide for thousands of years. [2] The family-mediation system focuses on providing a dispute-resolution mechanism to families who are in dispute. Divorce mediation forms part of the family mediation tree of services. [3]
Methods of dispute resolution include: lawsuits (litigation) (legislative) [5]; arbitration; collaborative law; mediation; conciliation; negotiation; facilitation; avoidance; One could theoretically include violence or even war as part of this spectrum, but dispute resolution practitioners do not usually do so; violence rarely ends disputes effectively, and indeed, often only escalates them.
In April 2024, a new definition of NCDR was set out in the Family Procedure (Amendments No 2) Rules 2023/1324 as “methods of resolving a dispute other than through the court process, including but not limited to mediation, arbitration, evaluation by a neutral third party (such as a private Financial Dispute Resolution process) and ...
Divorce mediation is an alternative to traditional divorce litigation that attempts to help opposing spouses find common ground during the divorce process. [81] [82] In a divorce mediation session, a mediator facilitates the discussion between the spouses by assisting with communication and providing information and suggestions to help resolve ...
Collaborative law, also known as collaborative practice, divorce, or family law, [1] is a legal process through which couples who have decided to separate or end their marriage work together with a team of collaboratively trained professionals including lawyers, divorce coaches, and financial professionals to achieve a settlement that meets the needs of both parties and their children without ...
The principle of voluntariness applies to the right of parties to self-determination once they are in the mediation—not to the mechanism for initiating the mediation process. Much mediation also results form mutual consent because they are non-binding and they encourage the exploration of interests and mutual benefits of an agreement.
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