نوع مقاله : مقاله پژوهشی
نویسنده
استادیار حقوق، دانشکده علوم خانواده، دانشگاه تهران. تهران. ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Abstract
When one spouse files a lawsuit against the other in court, it often fosters resentment and hostility, thereby escalating conflicts between the parties. Conversely, the high volume of cases in family courts leads to lengthy and burdensome judicial proceedings. One proposed approach to address these issues is the de-judicialization of family disputes, aimed at reducing reliance on formal litigation.
The utilization of arbitration mechanisms and counseling services are two key methods that can facilitate positive outcomes in dispute de-escalation. However, within the judicial system of the Islamic Republic of Iran, both institutions suffer from numerous legal and procedural deficiencies, which hinder the realization of their full potential.
Using a descriptive-analytical methodology, the author examines these shortcomings and concludes that, in practice, counseling has devolved into a mere formal procedure.
While arbitration has become a more professionalized process, its effectiveness is often compromised due to arbitrators' lack of essential qualities and a reluctance to actively promote reconciliation.
Finally, the author proposes strategies to enhance the effective utilization of counseling and arbitration institutions in family disputes. This research provides valuable insights for family court judges, researchers, practitioners, and counselors engaged in the field of family law.
کلیدواژهها [English]
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