Efficiency of family dispute resolution system

Subject Areas : International Legal Research

maede chinisaz ¹ , seyed mehdi mirdadashi ² , ebrahim delshad ³

1 - Department of Private Law, Qom Branch, Islamic Azad University, Qom, Iran.
2 - Department of Private Law, Qom Branch, Islamic Azad University, Qom, Iran (Corresponding Author).
3 - Department of Private Law, Qom Branch, Islamic Azad University, Qom, Iran.

Received: 2021-10-10 Accepted : 2022-03-15 Published : 2021-12-22

Keywords: Arbitration, social workers, family protection law, Family disputes,

Abstract :

Background and Aim: The family is the fundamental unit of any society, which is the foundation of human society and the main center of growth and excellence of individuals. But like any other institution, it may be affected by fluctuations, conflicts and disputes, which due to its special position should try to resolve these disputes in a way that does not harm the valuable position of the family and the moral rules that govern it. .Method: The present study was conducted by descriptive and analytical methods.Findings and Results: The use of out-of-court dispute resolution methods with the focus on arbitration or a combination of these methods with the judicial system (courts) can provide more protection than the judicial system only for the family with And by using the rules and regulations in the international arena, including the models of optimization of the arbitration institution, which are expressed by UNCITRAL and have been evaluated and carefully evaluated in order to make the arbitration institution more efficient, and their localization and adaptation to Domestic culture implemented the best and most efficient arbitration body in resolving family disputes. In addition to benefiting from this valuable and efficient institution, he used other institutions such as family counselors and social workers to root out the differences between couples, their pathology, and to treat and correct abnormal social practices.