FAMILY MEDIATION BETWEEN SOCIETAL NECESSITY AND THE LEGISLATIVE VACUUM

Özet

The family is the basis of every society as it constitutes the most constants of its stability and a necessary factor in securing the constants of values and morals and consolidating the knowledge and skills necessary for the integration of individuals in it. , Which led to a reversal of the scales and an exchange of roles, which left many problems that plague the family, through the growing phenomenon of divorce of all kinds.
Therefore, it became necessary to become aware of the seriousness of the situation, and then to establish a legal policy that curb the risk of family disintegration in a manner that guarantees the protection of the family and ensures its cohesion so that it can restore its functions in a way that serves the community, and in light of the inability of the judicial settlement to do so, it has become necessary to search for alternatives, as attention turns to Alternative means, and in particular mediation, the latter, which was not attracted to it out of nowhere, but due to the positive results witnessed by the experiences of many countries in approaching family conflict problems
However, the Algerian legislator did not adopt it as a mechanism for settling family disputes, despite its adoption of it in the Civil and Administrative Procedures Law, and despite the ineffectiveness of reconciliation and arbitration that takes place under the supervision of the judge, so family mediation becomes a societal necessity appropriate to the nature of the family as it is the most effective alternative means, especially as it is consistent with the circumstances. Algerian religious and cultural.

Abstract

The family is the basis of every society as it constitutes the most constants of its stability and a necessary factor in securing the constants of values and morals and consolidating the knowledge and skills necessary for the integration of individuals in it. , Which led to a reversal of the scales and an exchange of roles, which left many problems that plague the family, through the growing phenomenon of divorce of all kinds.
Therefore, it became necessary to become aware of the seriousness of the situation, and then to establish a legal policy that curb the risk of family disintegration in a manner that guarantees the protection of the family and ensures its cohesion so that it can restore its functions in a way that serves the community, and in light of the inability of the judicial settlement to do so, it has become necessary to search for alternatives, as attention turns to Alternative means, and in particular mediation, the latter, which was not attracted to it out of nowhere, but due to the positive results witnessed by the experiences of many countries in approaching family conflict problems
However, the Algerian legislator did not adopt it as a mechanism for settling family disputes, despite its adoption of it in the Civil and Administrative Procedures Law, and despite the ineffectiveness of reconciliation and arbitration that takes place under the supervision of the judge, so family mediation becomes a societal necessity appropriate to the nature of the family as it is the most effective alternative means, especially as it is consistent with the circumstances. Algerian religious and cultural.

Yazarlar

Karima NIZAR

Anahtar Kelimeler

FAMILY MEDIATION BETWEEN SOCIETAL NECESSITY AND THE LEGISLATIVE VACUUM

Yayın Bilgileri

Cilt

7

Sayı

54

Yıl

2020

Dil

Türkçe

Durum

Yayınlandı

Görüntülenme

0

İndirme

0

DOI

10.17121/ressjournal.2801

Dosyalar