Current challenges of family mediation in Estonia
Bibliographic Data
| ID | 12737152 |
|---|---|
| Authors | Kristi Joamets (0000-0002-6538-360X, Tallinn University of Technology, corresponding author), María Claudia Solarte-Vásquez (0000-0003-3094-4857, Tallinn University of Technology) |
| Year | 2019 |
| Volume | 27 |
| Issue | 1 |
| Pages | 109-120 |
| Publication date | 2019-01-02 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Journal of Contemporary European Studies (JOURNAL) |
| Journal identifiers | ISSN: 1478-2790 • E-ISSN: 1478-2804 |
| Publisher | Taylor & Francis (PUBLISHER • GB) |
| DOI | 10.1080/14782804.2019.1573166 |
| OpenAlex | W2914786635 |
| Language | EN |
| References cited | 13 |
Official reports and studies have shown that the formal institutionalization of Family Mediation in Estonia by way of implementation of the Mediation Directive has not resulted in a meaningful increase in the use of this method, or raised awareness on the benefits of ADR in the administration of civil matters. This paper identifies and addresses shortcomings that could be attributed to legal gaps, inconsistencies, and/or terminological deficiencies, with a focus on Family mediation. It also expands the discussion from the restrictive domain of legislative development toward more informal institutionalization processes to inform and complement the formulation of regulatory strategies. In principle, the Estonian legal framework does not prevent progress in terms of general awareness, understanding and professionalization. However, the system lacks commitment and creates no incentives for mediation and other ADR methods to become more widely adopted. Further and more interdisciplinary research with a focus on human competences could study the population’s reluctance to embrace less adversarial conflict management techniques. Moreover, a weak mediation scheme calls for a more responsive approach that could help disseminate the practice while upgrading the application of the existing laws
Alternative dispute resolution · Directive · Economics · Family mediation · Incentive · Institutionalisation · Law and economics · Legislature · Mediation · Party-directed mediation · Political science · Public relations · Sociology · Computer Science · Conflict of Laws and Jurisdiction · Dispute Resolution and Class Actions · International Arbitration and Investment Law · Law · Public Administration
| Citation velocity | historical |
|---|---|
| Highly cited | No |