Family dispute resolution and access to justice in Australia
Bibliographic Data
| ID | 12889490 |
|---|---|
| Authors | Lola Akin Ojelabi (La Trobe University, corresponding author), Judith Mara Gutman (La Trobe University) |
| Year | 2020 |
| Volume | 16 |
| Issue | 2 |
| Pages | 197-215 |
| Publication date | 2020-06-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International Journal of Law in Context (JOURNAL) |
| Journal identifiers | ISSN: 1744-5523 • E-ISSN: 1744-5531 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s1744552320000142 |
| OpenAlex | W3035461518 |
| Language | EN |
| Citations received | 4 |
| References cited | 14 |
The context of this paper is the several innovative reforms since the Australian government changed the family-law system more than forty years ago with the enactment of the Family Law Act 1975 (Cth). Whilst no-fault divorce was introduced over four decades ago, the watershed effect of replacing a blaming culture with a collaborative problem-solving approach to family disputing has provided a stepping stone for a progressive pathway to less adversarialism in family conflict. This narrative resonates throughout the family-law system today. It also continues to guide the justice discourse in family matters. This paper focuses on developments in the family-law system canvassing several legislative amendments that demonstrate the use of alternative dispute resolution (ADR) as a means of improving access to justice in relation to family disputes in Australia. It is argued that, in the family-law system, justice and ADR are inextricably linked. In support of this contention, the growth, development and evaluation of family dispute resolution is considered; access to justice issues that arise are highlighted. Finally, it reviews ramifications for the future considering recommendations from the recent inquiry into the family-law system
Alternative dispute resolution · Context (archaeology · Dispute resolution · Economic Justice · Family law · Government (linguistics · Legislature · Narrative · Political science · Sociology · History · Judicial and Constitutional Studies · Law · Legal Education and Practice Innovations · Legal principles and applications
Justice
A Theory of Justice
Justice
Evaluation of a Pilot of Legally Assisted and Supported Family Dispute Resolution in Family Violence Cases
The Family Dispute Resolution of Parenting Matters in Australia
Informed Litigants with Nowhere to Go’
Hearing parties' voices in Coordinated Family Dispute Resolution (CFDR)
Adversarial Mythologies
Principles of Social Justice
Procedural justice and the law
The Emergence and Transformation of Disputes
Leadership in the House of Representatives
| Unique citing works | 4 |
|---|---|
| Citations per year | 1 |
| Citation span | 2022 - 2026 (5) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 4 |