Univ., Diss.--Dublin. / Includes bibliographical references and index.

Thesis (Ph. D.)--University of Wisconsin--Madison, 2001. / Includes bibliographical references (p. 161-172). Also available on the Internet.

Thesis (Ph. D.)--University of Wisconsin--Madison, 2001. / eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references (p. 161-172).

Thesis (M.A.)--City University of Hong Kong, 2007. / Title from PDF t.p. (viewed on Sept. 7, 2007) "LW6409A, dissertation of MA arbitration and dispute resolution" Includes bibliographical references.

Thesis (MA)--University of Stellenbosch, 2007. / Bibliography. Also available via the Internet.

Thesis (Ph. D.)--University of Hawaii at Manoa, 2004. / Includes bibliographical references (leaves 120-140).

Thesis (M.A.)--City University of Hong Kong, 2006. / "Master of Arts in arbitration and disputes resolution [MAArbDR]" Title from PDF t.p. (viewed on May 23, 2007) Includes bibliographical references.

Significance of family mediation in the resolution of legal conflicts in a family The purpose of my thesis is to analyse the issue of family mediation. Family mediation which is a form of Alternative Dispute Resolution (ADR) could be defined as a structured process in which family members agree to appoint a neutral third party (the mediator) who assists them to find a mutually satisfactory solution to their problem based on their own decisions. The mediator must be impartial, their role is to encourage communication between the parties but has no authority to make any substantial suggestions or decisions with regard to the parties' issues. The mediation process is voluntary and confidential. One of the reasons why I chose this topic is my belief that family mediation can be in many cases a more suitable way to solve family conflicts than litigation. In many foreign countries (especially western European countries, the USA and Canada) mediation has a long history and is used frequently to solve conflicts that relate to separation, divorce, custody, financial questions in family etc. In the Czech Republic, however, family mediation has not been developed very well and I find this situation unfavorable. Recently there has been lots of discussion concerning the draft law on mediation. It could bring...

Many family mediators encounter intimate partner violence (IPV) during the course of child-custody and divorce mediation. By interviewing family mediators in Oregon I have established concrete strategies that mediators use when working with parties who may have a history of IPV. These strategies may be structural, such as building design and intake procedures, or they may be verbal interventions employed during the course of mediation. Mediators employed a wide variety of strategies based on their experience, situations, and intuition. Some strategies, like the use of shuttle mediation, were used by all the mediators I contacted. Other strategies, such as naming problematic behavior, were limited to only a few of the mediators. All the participating family mediators were aware of the possibility of IPV and consciously took measures to limit its influence on the mediation process when it existed.

Family mediation is a process that' was and is still practised by African indigenous societies. However, mediation in relation to family and divorce matters, is viewed either positively or negatively by most South African writers mainly from a Western perspective. The recommendations made in this work focus, amongst other things, on what ought to be done by policy makers and exponents of mediation in order to make the ,benefits of mediation realised by South Africans particularly disadvantaged communities. The role of illiterate and semi-literate South African citizens)'is pointed out as being critical more in managing family disputes from disfunctioning the family and leading to marriage break-down than merely mediating the parting of ways and ancillary issues of marriage. The practice of family mediation and procedures followed by Africans when introducing the son-in-law to the daughter-in-Iaw's family and the protracted marriage negotiations between Umkhongi (emissary) and the in-laws are all indicative of the entrenched or mandatory approach to family mediation. The benefits of the peaceful ending of marriage relationship through third party interveners are highlighted in President Mandela's desire to terminate his marriage as 'painless as possible' particularly for the sake of children. It is pointed out in this work that the Bushmen of the Kalahari Desert still adhere strictly to their tribal mediation procedures both in relation to family disputes and disputes in general. The tribe relies highly on korakoradue who is its senior citizen and respected elder, as resolver of community disputes. III The South African Justice Department brought hope when it worked toward introducing divorce mediation legislation. However, the vision was misdirected as the enacted family mediation legislation turned out to be constraining in its operation contrary to the recommendations by the Hoexter Commission. The majority of destitute South Africans who should be benefiting from this legislation end up not knowing about the existence of the Act and/or not making use of it because of the costs involved as only the Supreme Court can adjudicate upon matters covered by the Act. The lack of research which focuses on local mediation styles makes it difficult to justify, for example, either Mrs. Mandela's claim when she said ,Mr. Mandela had not answered to the 'African Cultural and Traditional Inkundla' or Mr. Mandela's defence that he respects customs but is not a 'tribalist' as he 'fought as an African Nationalist with no commitment to any tribal custom'. / Thesis (LL.M.)-University of Durban-Westville, 1997.