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Alternative dispute resolution advantage
Alternative dispute resolution advantage
Alternative dispute resolution advantage
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“STUDY OF ALTERNATIVE DISPUTE RESOLUTION APPROACH TOWARDS FAMILY DISPUTE SETTLEMENT WITH SPECIAL REFERENCE TO STATE OF MAHARASHTRA.”
1. INTRODUCTION
Family law touches different disciplines such as, Law, Sociology, Anthropology, Psychology, Ethics and Religion, Social Work and Social Management. It has different culture and a different jurisprudence. The rights and duties arising out of matrimonial status are given due importance from the time immemorial and they deserve special treatment even today in the interest of society.
In India, people learn the essential themes of cultural life within the bosom of a family. In most of the country, the basic units of society are the patrilineal family unit and wider kinship groupings. The most widely desired residential unit is the joint family, ideally consisting of three or four patrilineally related generations, all living under one roof, working, eating, worshiping, and cooperating together in mutually beneficial social and economic activities. Patrilineal joint families include men related through the male line, along with their wives and children. Most young women expect to live with their husband's relatives after marriage, but they retain important
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When communication is difficult and critical decisions are put on hold, families may take the help of a skilled mediator & Conciliator. In mediation and conciliation, people deal with the problems and issues under dispute in a timely fashion and in privacy. It is a cooperative rather than an adversarial process, so participants are often able to repair their strained relationships. Because family members develop their own solutions, which reflect their family’s unique satisfaction with the outcome is quite high and these resolutions tend to the workable and long
Ulrich, G. (1999). Widening the circle: Adapting traditional Indian dispute resolution methods to implement alternative dispute resolution and restorative justice in modern communities. Hamline Journal of Public Law and Policy. 20, (2), 419-452.
In a tradition Nepali family, the male is considered the head and is responsible for family decisions. Likewise, women are supposed to stay at home and take care of the children. People live in a joint family and make contributions on household tasks and expenses. However, like the Mexican culture, these practices has been changing in Nepali culture too. As mentioned earlier, Mexican families had been modernized. While some families still follow the traditional family system, many others have changed the way they live. New families prefer to live in nuclear families and females have started being the head of the household. Even though the family structure has been modernized nowadays, family is the number one priority among many modern Mexicans. They still like to celebrate festivals and occasions with all of their relatives and still take care of their elderly parents. Family ties are strong in Mexican culture and have been for centuries, and they hope to keep it the same
A family is a group of people consisting of the parents and their children who live together and they are blood related. The family is always perceived as the basic social units whether they are living together in the same compound or at far distance but are closely related especially by blood. Therefore, the family unit has had a great influence on the growth and the character traits possessed by the children as they grow up and how they perceive the society they live in. the family also shapes the children to be able to relate well with other people that are not part of their family and with a good relationship it impacts to the peace achieved in country. This paper addresses the reasons as to why the family is considered the most important agent of socialization. It’s evident that families have changed over time and they have adopted different ways of living. This paper also tackles on the causes of the dramatic changes to the American family and what the changes are. Different people with different race, gender and preferences make the family unit and this makes the difference in marriages. This will also be discussed in this paper.
Now is the time where the stepfamilies stop thinking of themselves as stepfamilies and just consider themselves as a complete family unit. They have learned to deal with any issue that will come between them in the future.
This source further substantiates the sensibilities behind a collaborative law process, building upon court mediation and taking it a step further. It provides a “real-world” example which can be evaluated and used to support a conceptualized structure for a neutral legal firm to function within.
After completing my family genogram, I was able to notice the history of a couple of patterns of fusion in particular. One of the relational patterns that stood out was emotional abuse which for the sake of this assignment I have only traced it back three generations, starting with my paternal grandfather Marciano, who endured the aftermath of the WWII and who conceived out of wedlock (COW) from Spanish and Mestizo parents and who married a woman Fidelina, of Chinese and Indian origin, born in El Salvador like him. Based on anecdotal accounts, Marciano was particularly emotionally abusive towards Rosa, my mother, who is also the first born of the couple and COW. Marciano had very high standards of beauty and intellect, which often triggered name calling, insults, and other forms of humiliation aimed towards my mother, causing her to feel belittled and resent his treatment towards her.
Interpersonal conflict is very common with many relationships. It occurs when two people can not meet in the middle or agree on a discussion. Cooperation is key to maintaining a healthy debate. More frequently; when dealing with members of your own family, issues arise that include conflict and resolution. During this process our true conflict management style appears “out of thin air”. (Steve A. Beebe, 2008, p. 191).
The meaning of family varies from place to place and from culture to culture. One all-encompassing definition that describes every type of family across the board does not exist. For instance, in places like China children can be raised apart from their father and mother in a group of women, but still count themselves a family. Alan C. Acock in his book Family Diversity and Well Being states that a married couple with no children is not considered a family (122), but some married couples may contest this theory. In fact, there are more variations on modern family structure than ever before, including non-traditional families where grandparents raise their grandchildren, adoptive families, foster families, and blended families with children from two or more sets of parents (“Power Tools”). Despite the challenges faced by many families today, I believe that the children of the current generation—known as Generation Y—can thrive as long as they receive nurture and enrichment from their family members. As a member of Generation Y myself, I speak from first-hand experience. In the following paragraphs, I will give an account of my own upbringing in Nepal that led to my current status as a college student in the USA. I will also briefly describe family structures in America, and compare them to Nepali family structure. In the end, I propose that nurture is the key to producing well-adjusted children today, regardless of family type or where the children are raised.
Every culture has several similarities and differences that impact the way they do things. Several of these cultures have distinct traits and traditions that make them differently from other cultures. I believe these differences make each culture different and unique. The two cultures that I have chosen to compare and contrast with each other is Kenya and India. In this paper I will discuss the similarities and differences in each of the culture’s families in context, marital relationships, and families and aging. These are important aspects of these cultures and to examine them will give me a better knowledge of both of these cultures.
The legal relationship, which comes out from a contract by which, ‘one man and one woman’ who have the ability to enter into such a union, promised to live together, take care of each other in the relation of ‘husband and wife in law for life until the legal termination of that relationship’ is defined as marriage. Marriage also may be defined as a legal union between ‘one man and one woman’ as husband and wife entering into contract changes the status of both parties in giving new rights and obligation. Traditionally, marriage has been viewed as creation of a family and vital to protection of morals and civilization. That is, the traditional principle founded from the marriage is that, the husband has the obligation to support his wife, provide a safe house, pay the necessities such as food, clothing, and to live together with the wife. The wife’s obligation entailed maintaining a home, having sexual relations with her husband and rearing the couple’s children.
The unit of a family is the most prominent essential for all of us. As social human beings, we seek social support in order to thrive, and that is where family comes into play. A family is where you receive love, support, encouragement, and many other social benefits. The total number of households in the United States increased from 63 million in 1970 to 113 million in 2008 (Weeks, 2012). The family has influenced multitudes of people in many ways. The traditional family in the United States consists two-married individuals providing care and stability for their biological offspring also know as the nuclear family. However, the term of a true family has ultimately changed over the last 50 years especially for African Americans.
"A family is a small social group of people related by ancestry or affection, who share common values and goals, who may live together in the same dwelling, and who may participate in the bearing and raising of children. They have a physical or emotional connection with each other that is ongoing" (Vissing, 2011) and is the foundation of all societies. They can be formed by a grouping of father-mother-children or even more complicated combination of relatives. In the primary stage of family life in the United States, everyone from every generation lived together in one house. Subsequently, the idea of traditional family evolved and a married couple with children is at present, often called the traditional family. There are many types of families; however, this paper will focus on the traditional family. It will describe how the functionalist perspective, conflict perspective, and the interactionism theory apply to the sociological institution known as a family. It will explain some of the similarities and differences between the sociological theories in regards to families and how they affect the family members.
In accordance to the topic of this report, there will be information gathered concerning negotiation in the most complicated and difficult aspect of life, family. Family negotiations without a question is categorized as the most difficult and complicated type of negotiation as it is the only situation where emotions
Mediation is a form of the Alternative Dispute Resolution (ADR). Mediation is a process which it assists disputed parties to arrive to a mutually agreed resolution without going to court. As the out of court problem solving approach, mediation is a more convenient way for parties which trying to avoid the hassle and loving some flexibility from the more rigid court procedure. Mediation can be said as an informal process of which parties during this process is encouraged to work together among the disputed parties in good faith in order to solve their problems and disputes at a lower financial cost and it consume lesser time as opposed to the court procedure. Mediation recently has become more common as one of dispute resolution process especially for disputes which have relations to divorce matter, child custody or even for child visitation especially for its privacy and confidentiality.
To thoroughly elaborate on the institution of family we most look at the family as it was before and how much it has changed over time. Throughout the years we are recognizing that the family is slowly being replaced by other agents of socialization. Families in the past consisted of a mother and a father and most times children. We are, as many societies a patriarchal society; men are usually the head of the households. This has always been considered the norm.