Review article
FUNCTIONALITY OF FAMILY LAW DISPUTES ARBITRABILITY WITH A SPECIAL REFERENCE TO DISPUTES ARISING FROM DIVORCE
Katarina Knol Radoja
; Faculty of Law, University of Josip Juraj Strossmayer in Osijek
Abstract
The arbitrability of family law disputes in particular those arising from divorce has nowadays become widely accepted both in countries of the continental European legal circle and in countries of common law legal system.
The Canadian and the American system will therefore be presented infra as the examples of countries in which the settlement of family disputes through arbitration is especially popular.
In addition, the costs of proceedings before state and arbitration court will also be displayed. Considering that the arbitration agreements are common in other types of procedures as a suitable alternative to traditional litigation and assuming that the family law disputes, particularly disputes arising from divorce, are arbitrable in the context of Croatian arbitration law, an effort will be made to determine whether the numerous advantages of arbitration, in particular with regard to costs, are also related to family law disputes.
Finally, the author concludes that the procedural and material flexibility and privacy of arbitration proceedings should aim at reducing tensions of parties so that the family law dispute could be resolved quickly and with lower costs.
Keywords
arbitrability; judicial proceedings; arbitration; family law disputes
Hrčak ID:
145488
URI
Publication date:
30.4.2015.
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