The effect of change in judgment method family court of Tehran for reduction the amount of divorce family court Shahid Mahallati in Tehran 1392- 1393
Subject Areas : Social Researches
Abstract :
Abstract This research has been done in 2014 with the subject of “effect of change in method of arbitration on decrease of divorce, at Shahid Mahallati court of Tehran” The main purpose of this research is to recognize importance of specialty and skill of judges of family court, on rate of divorce and during the research, another 2 goals were added too: identifying the effect of arbitration environment on rate of divorce and identifying the effect of priority of divorce petition registration on rate of divorce. The grounded theory which is a qualitative research method has been used in this research. In this research data has been gathered via studying court deeds and documents, statistical investigation in the statistics center and interview with clients, judges, attorneys and court arbitrators. In this method, concepts resulted from semi-structured interviews were classified by the method of open coding, pivotal coding and selective coding and main categories of the research were discovered and then the paradigm plan of the project was studied and a new theory was proposed by analysis of data and results of research. The Statistical population was all the separated men and women at Shahid Mahallati court of Tehran and considering the type of research, the statistical sample was chosen so far as a conceptual saturation was reached; i.e. where no new data was obtained the sampling was stopped. Samples in the research were 20 separated men and women privately interviewed. Of course the conceptual saturation was reached in the interview with 15 of them but for more assurance and raising reliability of the research, we interviewed another 5 persons which added no new data. The pivot of data analysis in grounded theory, is coding with 3 methods of open coding, pivotal coding and selective coding. The research results revealed that the correct arbitration at family court is effective on the divorce rate. Also increase or decrease of the divorce rate is related to the main categories related to arbitration, in individual field (specialty and skill of arbitrators), in social field (arbitration environment) and in the legal field (priority and recency of arbitration); i.e. lack of specialty and knowledge and insight of arbitrators, nervous arbitration environment at the court and priority of divorce petition registration on arbitration lead to undesirable results in execution of arbitration between the couples for settling the disputes. Today arbitration in family disputes has become a formality, while if it is done by specialized persons educated in relevant fields (consultation, social work, psychology) and the arbitration environment is outside the court building, in a favorable and peaceful place and the arbitration is done between the couples before any divorce petition is registered, the court can have a significant role in decreasing divorce. The Research results were checked by judicial experts and they approved its authenticity and so the reliability of research increased.