Digital Family Justice: From Alternative Dispute Resolution to Online Dispute Resolution? (Oñati International Series in Law and Society)

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, and 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? This title is included in Bloomsbury Professional's International Arbitration online service. Acknowledgements Contents List of Contributors Introduction I. Aim and Scope II. Structure and Organisation of This Book References 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 I. Introduction ADR: Issues and Critiques III. The Privatisation of Family Disputes IV. Participant's Experiences of ADR V. Participants' Use of the Internet for Self-Help VI. Discussion VII. Conclusion References 2. Choosing Paths to Dispute Resolution in Post-Communist Poland I. Introduction II. Divorce in Poland III. The Scope of E-Justice in Poland IV. Use of Courts in Poland V. Family Disputes: What People Do VI. The Secret of Family Disputes VII. Conclusions References 3. Competing Logics, Norms and World Visions: The Family Justice System in Turkey I. Introduction II. From Family Courts to Mediation III. Family and Religious Guidance Offices IV. Digital Pathways V. Conclusion References (2) The Professional Landscape 4. Legal Help by Student Lawyers: Harnessing the Thinking Behind Digital Expert Systems I. Introduction II. Clinical Legal Education in England and Wales and Forays Into Family Law Clinics III. Family Law's Place in the Legal Curriculum: Teaching Family Law for Student Pro Bono Contexts IV. Online Triage and Signposting Systems: Some Conclusions About the Role of Law Students as Legal Helpers References 5. Mediation in Germany – The Possibilities for and Limits of Mediation I. Introduction II. Mediation Methods III. Forms of Mediation IV. Quality Assurance in Mediation: Problems and Standards of Practice V. Court Based Mediation in Civil Cases VI. Alternative Dispute Resolution VII. Evaluating Mediation VIII. Opportunities and Limitations References 6. Different Forms of Alternative Dispute Resolution: The Framework for Family Mediation in Spain I. The Framework for Family Mediation in Spain II. ADR in Catalonia: From Mediation to Collaborative Law III. Out of Court Family Mediation in the Basque Country: Family Mediation Service of the Basque Government Social Policies (1996–2018) IV. Collaborative Practice in Spain: The Current Situation and Future Prospects V. Conclusions References Part B: The Development of Digital Family Justice 7. Family Justice in France: Two Dimensions of Digitisation I. Introduction II. Digitisation and the Management of Family Courts III. Digitisation and Private Ordering IV. Conclusion References 8. From ADR to ODR in Scots Family Justice: No Clear Direction of Travel I. Introduction II. The Scottish Landscape III. Civil Justice in Scotland IV. Divorce in Scotland V. Family Justice References 9. Representations of Family Justice in Online Communities I. Introduction II. The Role of Social Interaction in Family Dispute Resolution III. The Power of Online Discussion Forums IV. Conclusion References 10. Digital Pathways in Australian Family Law: An Initial Snapshot I. Introduction II. The Broader Australian Context III. Family Law Pathways IV. Discussion and Concluding Thoughts References Part C: The Way Ahead 11. The Online Divorce Resolution Tool 'Rechtwijzer uit Elkaar' Examined I. Introduction II. What was the Rechtwijzer (Uit Elkaar)? III. How did Rechtwijzer Work? IV. Rechtwijzer Uit Elkaar (2.0) V. Why Did Rechtwijzer Uit Elkaar Not Work Out? VI. Positive Aspects of Rechtwijzer Uit Elkaar References 12. The Digital Contribution to Reforming the Traditional Family Justice System in England and Wales: Reaching for the Best of Both Worlds? I. Introduction II. The International Starting Points for the Emergence of Digital Family Justice III. Recent Developmants in Family Justice in England and Wales IV. Government Activity and Digital Developments in England and Wales References 13. A Short Case Study: A Considered and Collaborative Approach to Digital Delivery in England and Wales I. Introduction: The Policy Context II. The Application to Court to make Child Arrangements (C100 Form) III. Ways of Working: A Collaborative Approach IV. Conclusions and Next Steps Index "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?"-- Proporcionat per l'editor. "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?"-- Provided by publisher