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Chapter

Cover A Practical Approach to Alternative Dispute Resolution

20. Conciliation  

This chapter assesses conciliation, which is a voluntary process whereby a neutral third party facilitates negotiations between the parties to a dispute and assists them to reach a settlement. In England and Wales, conciliation tends to be court-driven and it is most often used in family and employment cases. In employment cases, the parties must attempt mandatory Early Conciliation with the Advisory, Conciliation and Arbitration Service (ACAS) before a claim is issued in the Employment Tribunal, and conciliation can also be undertaken by ACAS after a claim has been lodged if Early Conciliation did not result in a settlement. In-court conciliation also takes place in family cases in disputes relating to children and money on the breakdown of the relationship between the parties. In addition, a number of independent conciliation schemes exist to help consumers solve disputes in relation to goods or services.

Book

Cover An Introduction to the Law of Trusts
Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. An Introduction to the Law of Trusts provides an introduction to trusts law, aiming to present a conceptual framework to aid understanding of this challenging area of the law. The text, which is the third edition, also identifies and discusses many analytical perspectives, encouraging a deeper understanding of the issues at hand. It offers treatment of specific areas, in particular remedial constructive trusts and trusts of family homes. Revised to take into account the Charities Act 2006, judicial developments through case law, and recent academic work in this area, this text provides an insightful introduction to the law of trusts.

Book

Cover Clarkson & Hill's Conflict of Laws

Jonathan Hill and Máire Ní Shúilleabháin

Clarkson & Hill's Conflict of Laws, now in its fifth edition, provides a clear and up-to-date account of private international law topics. Theoretical issues and fundamental principles are introduced in the first chapter and expanded upon in later chapters. Basic principles of the conflict of laws are presented, offering clarity on complex points and terminology. The fifth edition reflects the field's changing focus from case law to domestic and European legislation, incorporating the Brussels I Regulation and Brussels II Revised Regulation, as well as the more recent Rome Regulations and Brussels I Recast. Embracing this reorientation of the field and increased emphasis on the recognition and enforcement of judgments, the chapters provide detailed commentary on the most important commercial topics as well as the most relevant topics in family law.

Chapter

Cover Family Law

8. Fundamental Principles in the Law Relating to Children  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter, which focuses on alternative approaches to child-related disputes and their influence on English law, first considers the welfare principle and its central role in child law today. It addresses the problems and limitations of the principle, and then looks at alternatives to a welfare-orientated approach. The chapter examines children’s rights as an alternative or supplement to a welfare-orientated approach. It explores the different theoretical perspectives on the concept of children’s rights; the extent to which this approach has gained acceptance within domestic family law; and the importance of the ‘non-intervention’ principle and the possible tension between a commitment to maximizing children’s welfare whilst supporting only a minimalist role for the state, including promoting family dispute resolution in the private realm.

Chapter

Cover Family Law

8. Fundamental Principles in the Law Relating to Children  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter, which focuses on alternative approaches to child-related disputes and their influence on English law, first considers the welfare principle and its central role in child law today. It addresses the problems and limitations of the principle, and then looks at alternatives to a welfare-orientated approach. The chapter examines children’s rights as an alternative or supplement to a welfare-orientated approach. It explores the different theoretical perspectives on the concept of children’s rights; the extent to which this approach has gained acceptance within domestic family law; and the importance of the ‘non-intervention’ principle and the possible tension between a commitment to maximizing children’s welfare whilst supporting only a minimalist role for the state, including promoting family dispute resolution in the private realm.

Chapter

Cover Bromley's Family Law

22. International Parental Child Abduction  

N V Lowe, G Douglas, E Hitchings, and R Taylor

This chapter concerns parental child abduction, that is, where one parent takes the child to another place or jurisdiction without the other’s consent. The chapter discusses the issue both where the abduction is within the UK and where the child is taken to a foreign jurisdiction. The chapter begins by looking at the mechanisms to prevent abduction. It then considers the inter-UK position under the Family Law Act 1986 followed by an examination of the international position first with regard to abductions to and from ‘non-Convention countries’ and then with regard to those governed principally by the 1980 Hague Abduction Convention. In the latter regard it discusses the concepts of rights of custody, wrongful removal and wrongful retention and habitual residence. It then examines the making and refusing to make orders for the child’s return and ends with a discussion about the position with regard to access.