ADR (EXAMINABLE)

Question 1

anthropological importance of marriage and family

Answer 1

1. family is one of the social foundations of a society; first celll of human community.
2. marriage in the union between a man and a woman, as well as the family their union does bring into reality. Marriage is based upon a committed type of love, characterized by maturity and stability.

Question 2

ADR
legal framework

WHY?

6

Answer 2

consequently, anthropological understanding of marriage and family and its importance, necessites the creation of LF that order such relations. LEGISLATION LEGALLY FORMALISES THE REALITY OF MARRIAGE AND FAMILY FROM THE ANTHROPOLOGICAL LENSE.

A.159
A.45
CIVIL PROCEDURE: IA, 1B, 59(a-D)
ORDER 46 RULE 20 OF CPR
RULE 25(4B) OF MEDIATION PRACTISE
RULE 23 OF MARRIAGE RULES DIRECTIONS 2022

Question 3

TYPES OF MARRIAGE AND ADR
3 - YES
2 -SILENT (BUT 1 HAS CASE)

Answer 3

CHRISTIAN:
- S.64- Reconciliation in public space of worship where marriage was celebrated for mediation of disputes within the marriage

CIVIL:
s.66(4) - after peititon court may refer to MD such as conciliation (when application for divorce is brought)

s.66(5.b)- proceeding for civil divorce adjourned for not longer than 6 months as court deems for attempt at reconciliation

CUSTOMARY:
s.68(1)- conciliation or customary dispute resolution before courtt
s.68(2)- mediation #
s.68(3)- conciliation or TDRM prepare report

Question 3

TYPES OF MARRIAGE AND ADR
3 - YES
2 -SILENT (BUT 1 HAS A CASE)

Answer 3

CHRISTIAN:
- S.64- Reconciliation in public space of worship where marriage was celebrated for mediation of disputes within the marriage

CIVIL:
s.66(4) - after petition court may refer to MD such as conciliation (when an application for divorce is brought)

s.66(5.b)- proceeding for civil divorce adjourned for not longer than 6 months as the court deems for an attempt at reconciliation

CUSTOMARY:
s.68(1)- conciliation or customary dispute resolution before court
s.68(2)- mediation but conform with the consitution
s.68(3)- conciliation or TDRM prepare report

ISLAMIC:
silent but JS VHY- reconciliation and ADR inferred from the Quran

HINDU:
silent in MA 2014

Question 4

WHY ADR? 4 things

FOR FAMILY LAW? WHY?

TYPES OF CASEs?

Answer 4

B, I HFC,COMPLEX PROCEDURE

M= FL

EXCLUDE DIVORCE + R.23 OF THE MARRIAGE RULES DIRECTION 2022 ON CHILDREN SEX OFFENSE CASES .

Question 5

2 types of mediation

Answer 5

court-annexed mediation
mediation (pilot project) rules of 2015 - mandatory

private mediation
mediator appointed by parties