The volume offers a reconstruction of the developments of family mediation, from its first appearance to the present times, in which we are witnessing its constant evolution. The study ranges from the analysis of the first experiences on the subject, spanning from common law systems (with particular attention to the American, Canadian and English systems) to those of some continental European countries (Spain, France and Germany). A broad examination of the theme is therefore offered, in light of the differences between the various "schools" which have arisen over time. Then, the European perspective is examined, discussing the EU law and the role of the Court of Strasbourg’s jurisprudence and of the sources developed in the Council of Europe, while also paying particular attention to the challenges associated with the application of non-judicial forms of dispute resolution in cases which can be defined as cross-border. Attention is also paid to the role played by the principles for the protection of human rights. In the chapter dedicated to Italy’s legal experience, the core profiles of the matter are extensively examined through a complete and accurate reconstruction of the current law, which is then followed by a series of ideas about the possible implementations for its future and desirable reform.
University of Florence, Italy - ORCID: 0000-0002-0289-7953
Book Title
La mediazione familiare. Modelli, principi, obiettivi
Authors
Elena Urso
Peer Reviewed
Number of Pages
370
Publication Year
2012
Copyright Information
© 2012 Author(s)
Content License
Metadata License
Publisher Name
Firenze University Press
DOI
10.36253/978-88-6655-255-0
ISBN Print
978-88-6655-254-3
eISBN (pdf)
978-88-6655-255-0
eISBN (epub)
978-88-6655-256-7
eISBN (xml)
978-88-9273-534-7
Series Title
Studi e saggi
Series ISSN
2704-6478
Series E-ISSN
2704-5919