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Digital Family Justice: From Alternative Dispute Resolution to Online Dispute Resolution?

Digital Family Justice: From Alternative Dispute Resolution to Online Dispute Resolution?

Author: Mavis Maclean; Bregje Dijksterhuis
Publisher: Hart Publishing
ISBN: 9781509928521

Published In: December 2019
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509952274

List Price: HKD 1,040.00

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Contents

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The editors' earlier book Delivering Family Justice in the 21st Century (2016) described a period of turbulence in family justice arising from financial austerity. Governments across the world have sought to reduce public spending on private quarrels by promoting mediation (ADR) and by beginning to look at digital justice (ODR) as alternatives to courts and lawyers.

But this book describes how mediation has failed to take the place of courts and lawyers, even where public funding for legal help has been removed. Instead ODR has developed rapidly, led by the Dutch Rechtwijzer. The authors question the speed of this development, and stress the need for careful evaluation of how far these services can meet the needs of divorcing families.

In this book experts from Canada, Australia, Turkey, Spain, Germany, France, Poland, Scotland and England and Wales explore how ADR has fallen behind. But also how we have learned from the rise and fall of ODR in the Rechtwijzer about what digital justice can and cannot achieve. Managing procedure and process? Yes. Dispute resolution? Not yet.

The authors end by raising broader questions about the role of a family justice system: is it dispute resolution? or dispute prevention, management, and above all legal protection of the vulnerable?

Introduction

Mavis Maclean and Bregje Dijksterhuis

PART A: DIGITAL FAMILY JUSTICE: POLITICAL AND PROFESSIONAL CONTEXTS FOR CHANGE

(1) The Political Landscape

1. 'My Problem, My Solution'? Private Ordering and Self-help in British Columbia, Canada

Rachel Treloar

2. Choosing Paths to Dispute Resolution in Post-Communist Poland

Malgorzata Fuszara and Jacek Kurczewski

3. Competing Logics, Norms and World Visions: The Family Justice System in Turkey

Verda Irtis

(2) The Professional Landscape

4. Legal Help by Student Lawyers: Harnessing the Thinking Behind Digital Expert Systems