Family Disputes Research Articles

The Role of Mediation in the Settlement of Family Disputes in Kazakhstan: A Sociological Study

The study aimed to examine the importance and necessity of using mediation in resolving family disputes in Kazakhstan. From February to August 2020, a sociological study was conducted in Kazakhstan to identify the main causes of modern family problems, the functions of mediation and mediators in dispute resolution. The study involved 1,200 respondents. Data collection methods included both quantitative and qualitative approaches. The study was based on a survey of respondents in major cities of Kazakhstan. The study showed that factors such as lack of love and understanding, financial difficulties, and interference from relatives contribute to the escalation of family disputes leading to breakups. It also confirmed the important role of mediators in reaching appropriate and effective solutions, emphasizing the need to strengthen mediator training, legislative support for free mediation services for vulnerable groups, guaranteed payment for mediation services, and promotion of mediation through local media and service centers.

Parenthood and parental responsibility: legal messaging and the power of law

ABSTRACT In this paper I will engage with a position Felicity Kaganas has often elaborated upon, and with which I agree, namely, that lawmakers often mistake law’s messaging for law’s power. In doing so I will focus on the law’s management of parental status and the performance of parental responsibility. I will argue that English law’s disaggregation of parental status and parental function should have enabled law to distance itself from involvement-by-presumption in the particularities of the disputes between parents and other carers about children, and enabled it to perform a better, more situation-sensitive role in the management of those disputes. It should have allowed for a more pragmatic, less ideological and generalised, decision-making process for particular disputes, and paid better attention to the actual children at the heart of those disputes. I argue that, given the limits of the power of law in resolving family disputes (which I also elaborate in the paper), law has a limited role in these situations. There are other orders of power – beyond law – which affect the way in which legal power works and may misdirect (or, at least, redirect) its ambitions.

Lived Experiences of Primary Caregivers of Children with Dyslexia: A Phenomenological Study

Background: Caregivers play an important role in children’s development. Therefore, they need to recognize the learning difficulties that their children face and support them to ensure learning gains and prevent secondary complications. Nevertheless, supporting a child with a learning disability can be challenging for caregivers in many ways. 1 This study investigated caregivers’ knowledge of dyslexia, their challenges when raising children with dyslexia, and the support they seek to raise such children. Methods: Ten individual in-depth interviews (IDIs) and four focus group discussions (FGDs) were conducted among 30 caregivers in Sri Lanka. Initial codes were generated using open coding from the transcripts, leading to sub-themes and themes. Results: Thematic analysis revealed a lack of knowledge of dyslexia-type difficulties among caregivers and in society, giving rise to misconceptions, leading to labeling and abuse of children. Caregivers feel emotionally pressured, helpless, stressed, and depressed in bringing up children with dyslexia, creating family disputes. Further, as a family, they have a sense of rejection and discrimination from school and society. Caregivers receive insufficient support from the education and health sectors due to multiple complexities such as myths, misbeliefs, inadequate knowledge and skills, unavailability of resources, and inaccessibility to services. Conclusions: Caregivers and families of children with learning disabilities demand more attention to improve their mental health and family harmony, which in turn improves children’s educational and health status. Sri Lankan health, educational, and social services should be optimized to reach the families of children with dyslexia-type difficulties.

Understanding the Use of Practitioner Discretion in Screening ADR Services for Suitability: Results of a Pilot Study

Processes categorised under the banner of “ADR”, particularly mediation and conciliation, are increasingly relied upon by parties in dispute, both inside and outside of the formal justice system. Given that an ADR process may not always be appropriate for a given dispute, legislation often affords ADR practitioners discretion as to whether to offer (or continue offering) an ADR process. However, there is limited contemporary empirical evidence exploring how practitioners are making such decisions in practice. To build on existing empirical research, I conducted a pilot study of ADR practitioners in the form of a survey (n = 12) in the lead up to and during the National Mediation Conference 2021. The pilot study had several limitations, resulting on a majority of respondents (n=10) being Family Dispute Resolution Practitioners (‘FDRPs’). As such, the results of the pilot study have been limited to a discussion in the context of family law only. The pilot study asked practitioners a series of multiple-choice questions, with the opportunity to provide free-text responses, and asked the practitioners demographic and characteristic questions, before asking practitioners to identify factors which influence when and how ADR is offered or ceased to be offered to parties in a dispute. The results of the pilot study supports existing evidence that FDRPs can have very different approaches to how they use their discretion to offer dispute resolution, in the context of their requirements to assess suitability for dispute resolution under the Family Law Act 1975 (Cth) and associated regulations. I discuss the possible impacts of this potential inconsistency in practitioner discretion on parties and the legal system more generally and make suggestions for further research.

Filicide in Africa: a systematic review

BackgroundFilicide, the act of a parent or parental figure killing their child, has been reported in various African countries. However, there is a lack of comprehensive reviews on the prevalence and associated factors of filicide across the African continent, which is characterized by diverse cultural beliefs and practices. This review aims to examine the prevalence and risk factors of filicide in Africa.MethodsThis review included studies on filicide in Africa, identified through searches in various databases (PubMed, Scopus, Africa Journal Online, and Google Scholar) using relevant keywords. The Mendeley reference manager was used to organize all identified articles and remove duplicate entries. A two-round screening process was conducted by two independent reviewers, with the final set of articles selected through mutual agreement. The quality of the studies was then assessed.ResultsOut of the 107 retrieved articles, only 15 were included in the review. These studies revealed diverse prevalence rates: 3.7% of total homicides, 1.38% of deaths from family violence, and 13.02% for autopsied children. Various potential risk factors for filicide were identified, including unwanted pregnancies, marital conflicts, family disputes and violence, low socio-economic status, mental health issues in perpetrators, and mental, physical, or neurological vulnerabilities in victims. Cultural beliefs were also recognized as contributing factors to filicide.ConclusionFilicide is a complex and multi-dimensional issue influenced by various individual, familial, and societal factors. The review highlighted a high prevalence of filicide in Africa, shaped by these diverse factors.

Utilising mediation for conflict resolution: Insights and future directions

Introduction: in a world increasingly burdened by conflicts, mediation emerges as a vital alternative for resolving disputes. Mediation, involving a neutral mediator aiding parties to reach a mutual agreement, is gaining recognition across various fields such as family, labor, and international disputes. This article explores the application of mediation, the challenges it faces in gaining wider acceptance, and its potential for future expansion.Objectives: to reveal the advantages of mediation over traditional judicial procedures; to identify the obstacles that hinder its widespread implementation; to propose specific measures and recommendations for improving the mediation system; to consider the potential future development of mediation as a crucial element of the modern conflict resolution system and its role in future society.Methods: the study employs analytical methods, comparative analysis, case studies, and a dialectical approach. Data was sourced from academic publications, legislative documents, and specific mediation cases.Results: mediation offers numerous advantages, including faster resolution times, economic benefits, relationship preservation, and confidentiality. Despite these benefits, its adoption is limited by a lack of public awareness, inadequate legal frameworks, and a shortage of trained mediators. Addressing these issues through education, legal reforms, and professional development is crucial.Conclusions: mediation is a crucial tool for conflict resolution, promoting peaceful and constructive solutions. Future developments should focus on expanding its scope, leveraging technology, and strengthening the legislative and professional frameworks. By enhancing public awareness and trust in mediation, it can become a cornerstone of modern conflict resolution practices, contributing to a more harmonious society

Особенности судопроизводства по семейным спорам при внедрении цифрового правосудия

The article brings up the issue of risks of introducing artificial intelligence into court proceedings. The introduction of modern technology is expected to have a positive impact on the economics of justice. However, professional judges are wary of artificial intelligence making decisions for humans. The authors conclude that the legislator should develop an effective legal mechanism for regulating and controlling the application of artificial intelligence. They further suggest that these rights should be recognized as transferable while maintaining a comprehensive system of judicial unity. Following an analysis of the foreign experience of introducing digital technologies in the regulation of family disputes, it is recommended that the most effective and advanced practices from a number of countries be adopted, while it is essential that these technologies not impede the exercise of rights to justice and a fair trial. The authors conclude that the introduction of digital technologies should eliminate many gaps in law and law enforcement. In particular, they argue that the rule of law will be placed above judicial lawmaking.

A judge as a mediator in family disputes.

The basis for the emergence of family disputes is the contradiction between the ideas of family members about the needs and the ideas and expectations of one about the other. In their lives, married couples often face various factors that can negatively affect the stability of family relationships. Unfortunately, unresolved family conflicts most often lead to divorce, and later the conflicts deepen, because the question arises about the division of the property of the spouses, the place of residence of the children, the way one of the parents participates in the child's life, etc. To do this, you need to learn not only not to quarrel, but also to find a common language, so that, being divorced, you can make joint decisions in matters of life and raising children, because children suffer the most from family conflicts. The advantages of using mediation over the resolution of the dispute in court are a number of factors that will have positive results at the final stage: parties are equal participants, everyone's interests are taken into account, and they do not act as rivals; participants independently describe problems, communicate in person and through a mediator; mediation helps establish a dialogue between the parties, normalizes communication and determines further relationships; a less lengthy process, it takes time to resolve and agree on all issues (3-5 meetings on average); the parties do not depend on lawyers, they directly take an active part in the negotiations; participants consider all possible options for solving the problem and accept those that suit all interested parties; the costs of mediation are much lower than the consideration of the case in court proceedings (additional costs are possible only for a lawyer and a notary to record a civil law agreement or a settlement agreement in court). Key words: mediation, judge, family, family relations, family conflicts.

Study on Clinical Profile and Treatment Outcome of Acute Paraquat Poisoning in an Intensive Care Unit in Bangladesh

Background: Paraquat, one of the most widely used herbicides, is a major cause of self-harm related death in Bangladesh resulting from multiple organ failure. The primary objective aimed to identify the demographic & clinical characteristics of paraquat poisoning and the outcome of different treatment modalities. Materials and Methods: A prospective observational study was conducted over twenty-four months at the Intensive Care Unit of Dhaka Medical College Hospital, a tertiary care referral hospital.Between March 2022 and March 2024, patients presenting with acute paraquat toxicity who fulfilled inclusion and exclusion criteriawere selected by purposive sampling. A total of 42 patients were enrolled in the study.Demographic, clinical, and treatment particulars were collected. The study evaluated the outcomes, including length of stay in the intensive care unit (ICU), the need for mechanical ventilation&hemodialysisandin-hospital mortality. SPSS version 25.0 was used for statistical analysis and reporting. Results: Among the patients, 54.8% were men with a median age of 23.31 years residing in rural areas (85.7%). All cases were suicidal, primarily due to family disputes (40.5%) and personal relationship issues (21.4%). Symptoms included shortness of breath (40.5%), disorientation (28.6%), difficulty in swallowing (14.3%), vomiting (9.5%), and low urine output (7.1%). Most ICU admissions occurred after 24 hours postingestion (59.5%). Organ involvement included acute kidney injury (57.14%), acute respiratory distress syndrome (50%), hepatic impairment (14.3%), pulmonary fibrosis (14.3%), and septic shock (2.4%). Methylprednisolone was administered to 21 patients (50%), with an equal number also receiving methylprednisolone plus cyclophosphamide (50%). Only 10 (23.80%) patients received gastric lavage.The median ICU stay was 6 days (IQR 4-9), while the Median hospital stay was 8 days (IQR 1-12). In-hospital mortality was high, and 41 out of 42 patients (97.8%) died. Conclusion: The rural population is mostly affected by paraquat poisoning for its easy availability,and clinical presentations, particularly pulmonary, renal and multi-systeminvolvement, are significantly associated with high mortality with the limited role of different treatment approaches. J MEDICINE 2024; 25: 129-135

Research on the Protection of the Rights and Interests of Minor Children after Their Parents' Divorce

In recent years, conflicts and disputes in marriages and families have continued to increase. In judicial practice, the issue of protecting the interests of minors has become increasingly prominent. Guardianship, visitation, support, and maximization of the interests of minors have become high-frequency words involving minors in divorce cases. Issues related to the protection of the rights and interests of minors have become the focus of attention from all walks of life. Minors are the future and hope of the motherland. Striving to maximize the protection of the interests of minors is a great progress in judicial practice and is more conducive to the healthy physical and mental development of minors. This article will select typical cases for introduction, summarize the controversial focus of the case and conduct a legal analysis. Based on this, we can get some legal inspiration and put forward feasible suggestions, hoping to play a certain positive guiding role in the protection of the rights and interests of minors.

ROLE AND ETHICS OF HAKAM IN RESOLVING MATRIMONIAL DISPUTES

Conflicts and disagreements are part and parcel of married life. As revealed in the Qur’an the best way to resolve conflict in family is by the efforts of the spouses themselves. In the event of failure to restore harmony between the spouses, Islam laid out other remedies from outside the conjugal home where competent third parties are available to assist in resolving the conflict. In Malaysia, provisions relating to third party intervention can be found, for instance, under sections 47 and 48 of Part V on the Dissolution of Marriage of the Islamic Family Law (Selangor) Enactment 2003. The sections respectively provide clauses for conciliatory committee and arbitration. The courts, under s. 48 will appoint two hakam (arbitrators) to act for the husband and the wife. In agreement with the Islamic law of Tahkim, it is recommended that where possible, for a hakam to be from among the family of the spouses. This paper seeks to examine first, the role of Hakam in a Tahkim process and, second, the ethics of Hakam. To achieve this, apart from field research, the Hakam Rules 2014 of Selangor was referred to to examine detailed aspects on the qualifications, role and ethics of Hakam. A minor fieldwork was conducted at Shah Alam Syariah Subordinate Court. 20 case files involving settlement reached through tahkim sessions were examined. Separate interviews with Syariah Court Judge as well as ‘court-annexed’ hakam were also carried out. The findings suggest that besides emphasizing on the principal requirements, it is equally important to pay greater attention to promoting additional qualification and nurturing relevant skills in the light of the hakam duties as third party in resolving family disputes. Furthermore, maintaining the characteristic as hakam by following the code of ethics is another key to the successfulness of majlis tahkim.

Mediation and judicial conciliation in family disputes in Russia: Issues and perspectives for development

The article considers the factors influencing Russia’s insufficient spread of mediation and judicial conciliation. It is substantiated that eliminating these factors will contribute to the development of conciliation procedures. The article aims to analyze the factors influencing the insufficient spread of mediation and judicial conciliation in Russia and offers ways to overcome them. The authors applied formal legal analysis to investigate the legal regulation of mediation and judicial conciliation. A systemic approach was used to address the mediation and judicial conciliation issues in Russia and offer ways to solve them. The article gives examples from court practice illustrating positive results in the form of concluded amicable and mediation agreements with the court’s assistance in achieving reconciliation by the parties to the dispute and studies the terms of amicable agreements. It also substantiates the ability of family disputes to be resolved by mediation and reveals procedural violations, which courts allow when approving amicable agreements

Family mediation: theoretical and legal aspect

This article examines the significance of the use of family mediation in the resolution of family conflicts from the point of view of theoretical and legal aspects. The context of the work also touches upon the significant issues of mediation regulation at the legislative level concerning the rights and obligations of the participants of the process. The author analyzes the basic principles of family mediation and identifies the advantages of this approach over court proceedings in resolving family disputes. Special attention is paid to the mediator’s role and functions in the conflict resolution process. The article also examines the legislative framework regulating family mediators’ activities, status, rights, and obligations. The article’s main idea is that family mediation is an effective tool for resolving family conflicts, contributes to the safety of family relations and allows the parties to come to a mutually beneficial solution to the problem independently. The article argues in detail the positive sides of family mediation, substantiates the need for its application in modern society and identifies the need for further research in this area for a detailed understanding of all the pros and cons of the use of family mediation in contemporary society.

Lived Experiences of Police Regional Office Cordillera Personnel Charged and Suspended for Misconduct Cases

Forty-one percent (41%) or 132 out of the 321 complaints lodged against personnel of the Police Regional Office Cordillera between 2018 and 2022, concerned allegations of improper conduct. One hundred eighty-five individuals residing in the area were responsible for the 132 reports of misconduct. The researchers conducted a study to gain a more comprehensive understanding of the testimonies provided by personnel charged with misconduct offenses and subsequently suspended at the Police Regional Office Cordillera. The research utilized a qualitative approach principally hermeneutical-phenomenological methodology. The study’s findings primarily reveal the extent of police officers’ involvement in misconduct offenses, the effects of suspension on their careers, and the support and intervention provided to suspended individuals. A variety of factors, including individual carelessness or negligence, vices, family disputes, and the non-payment of debts or obligations, contribute to individuals’ participation in misconduct cases. The suspension profoundly impacted the respondents’ experiences as police officers, resulting in a range of advantageous and disadvantageous outcomes. Furthermore, according to seven out of eight respondents, the Philippine National Police failed to provide coordinated assistance or support, and the overwhelming majority of those surveyed abstained from involvement in reform-related initiatives. Keywords: Misconduct, Police Accountability, Suspension, Inherent Administrative Disabilities, FORM Police

In Pursuit of Equanimity: Managing Change and Adversity in Early Modern English Households, c.1570–c.1670

Abstract This article establishes equanimity as an important emotional ideal in the late sixteenth and seventeenth centuries. In showing how equanimity served to strengthen positive emotions and temper disruptive states, it promotes a more positive view of the era’s emotional landscape. The article employs the pursuit of equanimity as an intimate analytical device for uncovering the agency of ordinary people, and thus offers historians a new perspective on momentous change and adversity in the early modern period. It charts personal experiences of adversity—from physical and spiritual threats to familial disputes, uncertain patriarchal power and economic precarity—alongside individual management of religious, social and political change following the English Reformations and during the Civil War. Where other scholars have examined how different social groups reactively negotiated new realities, this microhistorical study of one gentry family in the North West of England urges historians to refocus their attention on the proactive courses that people took. Through a detailed examination of 541 manuscript letters, domestic decorative schemes, and archaeological evidence of ritual practices of protection, the article uncovers how the Moretons of Little Moreton Hall in Cheshire managed change and mitigated disaster. It discusses instances where equanimity played a persistent role in motivating the family’s actions and behaviours in daily life, and argues that practices designed to promote emotional harmony were crucial for preserving kinship networks and managing personal well-being, as well as gender relations within households, in early modern England.

Squandering Marital Movables: On Family and Criminal Law in Egypt

Abstract This essay focuses on the trousseau inventory (ayma) created by Egyptian Muslims at the time of marriage. Though not a legal requirement, creating the ayma is widespread as it proves the husband’s receipt of the wife’s property. After divorce, he must return the items listed in the inventory to her, and if he fails to do so, she may sue him for “squandering marital movables” (tabdīd manqūlāt zawjiyya), as stipulated in the Penal Code. In July 2022, when an Egyptian man posted a message suggesting that the ayma had been abolished, his post caused a huge outcry. In this essay, I address the social debate triggered by the post, introduce the case of an Egyptian woman who filed a tabdīd lawsuit to secure a divorce, and discuss judgments issued by the Court of Cassation on tabdīd cases. I argue that Egyptians use criminal law and courts to solve family disputes.

A case of Gloriosa superba poisoning

ABSTRACT Gloriosa superba (GSb), or Glory Lily, is not an uncommon plant found in Sri Lanka. Every part of the plant is poisonous, especially the rhizome. It contains mainly colchicine and gloriocine which are toxic alkaloids. Fatalities following ingestion are rarely reported with current medical management. A 37-year-old male, with history of cannabis dependence and heroin abuse, ingested one and half of GSb rhizomes following a family dispute, witnessed by his family. He was hospitalized nearly eighteen hours later and he developed severe gastro-enteritis associated with nausea and vomiting. The patient’s presenting condition necessitated intensive care management for severe liver and renal failure. On the second day following admission he underwent haemodialysis and one cycle of plasma paresis but he ultimately succumbed due to unresponsive cardiac failure with arrhythmia. Subsequent autopsy examination revealed inflamed stomach and small intestinal mucosa with erosions, severe diffuse pulmonary haemorrhages with oedema, necrosis of liver and myocardium, and acute tubular necrosis. Multi-organ failure due to ingestion of GSb attributed to his death and manner of death was concluded as suicide following an inquest. This case report highlights the severity of effects of GSb poisoning including the effects on myocardium which is rarely encountered in clinical practice.

Trust as a key element in family mediation during divorce: strategies, practices (supervision experience with the use of neural networks)

The article summarises the experiment on building confidence in the procedure of family mediation – peaceful resolution of family disputes through introduction of the technology of the first outreach meeting. The article analyses the statistics of marriage and family relations, the number of divorces in Russia, Moscow, in the world for 5 years, also during the COVID-19 pandemic. In addition, the work examines the statistics of enforcement proceedings on family relations and the order of communication for several years as well as sociological studies of 2022–2023. The results of experimental supervision using technologies of two neural networks are presented. The peculiarities of family mediation as the most effective non-judicial way of resolving family disputes are studied. It is shown that the achievement of the result, peaceful settlement of family disputes, was facilitated by the experimental development and implementation of a new procedure for Russia – first outreach meeting. It was performed by the Centre for mediation and socio-legal assistance, jointly with the Departments of Social Protection of population of Moscow. The first results are presented: 98 % of efficiency, almost all couples gave their consent to mediation, and the first mediations were successfully conducted. Some of the main reasons for low prevalence of pre-trial settlement of family conflicts were revealed: the normative non-mandatory nature of family mediation for couples with minor children when filing for divorce and lack of awareness of couples about advantages and benefits of resorting to family mediation. The research presents arguments proving that the first outreach meeting is a successful strategy of trust building and the first step to mediation and to preservation of family, family identity, spiritual values for their further transmission to the next generation in the continuous chain of socio-cultural identity

Обязательная медиация и иные формы принуждения к участию в АРС в Великобритании

The article analyzes the mediation and other ADR procedures that are mandatory for the parties to a civil dispute under the law of the United Kingdom. It has been established that, in fact, there is mandatory mediation in the form of judicial conciliation in some family and labor disputes. Judicial practice has developed an approach according to which similar procedures can be applied in other disputes on the basis of the discretion of the court.

The Role of Alternative Dispute Resolution (ADR) in Pakistan's Legal System

This article explores the transformative role of Alternative Dispute Resolution (ADR) in Pakistan's legal system, focusing on mediation, arbitration, and conciliation. ADR proves pivotal in addressing challenges like case backlog offering efficient and accessible dispute resolution. Its cost-effectiveness and participant-driven nature make it inclusive. ADR's adaptability fosters creative solutions, particularly in family and community disputes, emphasizing relationship preservation. Despite challenges, ongoing initiatives aim to enhance awareness and overcome cultural barriers. Looking ahead, ADR's promising future in Pakistan is marked by legislative reforms and growing cultural acceptance, heralding a shift towards a more collaborative and efficient legal landscape.