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Legal counselling in family mediation to address unnecessary litigation
Dissertation (LLM ( Procedural Law))--University of Pretoria, 2023.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2024
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| _version_ | 1867613719368826880 |
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| access_status_str | Open Access |
| author2 | Baboolal-Frank, Rashri |
| author_browse | Baboolal-Frank, Rashri |
| author_facet | Baboolal-Frank, Rashri |
| collection | Thesis |
| dc_rights_str_mv | © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Dissertation (LLM ( Procedural Law))--University of Pretoria, 2023. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/99040 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:40:36.899Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2024 |
| publishDateRange | 2024 |
| publishDateSort | 2024 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/99040 Legal counselling in family mediation to address unnecessary litigation Baboolal-Frank, Rashri u28292601@tuks.co.za Ndebele, Linda Tendesai UCTD Legal counselling Family law mediation Unnecessary litigation Family dispute resolution Family cases SDG-10: Reduced inequalities Law theses SDG-10 SDG-16: Peace, justice and strong institutions Law theses SDG-16 Dissertation (LLM ( Procedural Law))--University of Pretoria, 2023. This research seeks to explore and evaluate the concept of legal counseling and its impact on dispute resolution processes and outcomes. For purposes of this study, legal counseling refers to specific attitudes, skills and strategies employed by the legal counselor in his or her interaction with clients and opponents in the process of resolving legal problems. This study is premised on the assumption that there is indeed a correlation between these attitudes, skills, strategies and the efficiency of the dispute resolution process. Some legal counselors promote swift and constructive alternative dispute resolution processes while others have the propensity to promote unnecessary and long drawn litigation. In this regard, the alternative dispute resolution mechanism of mediation will be reviewed with particular focus on family law case management in two jurisdictions, being South Africa and Australia. This research will explore the basic elements of effective legal counseling such as the legal counselor`s ability to communicate effectively and manage human emotions, concerns and anxieties to advance effective, efficient and constructive dispute resolution. For purposes of this study, a legal counselor is a lawyer professionally trained to render legal advice and handle legal affairs of clients, and where necessary to appear on behalf of the client in courts and other dispute resolution platforms. The lawyer advises the client by employing the different lawyering models available. Two main legal counseling or lawyering models will be explored in this study, namely, the client autonomy model and the lawyer autonomy model. The lawyering model applied by the legal counselor can facilitate successful alternative dispute resolution or promote unnecessary and long drawn litigation. Procedural Law LLM ( Procedural Law) Unrestricted Faculty of Laws 2024-11-13T07:37:20Z 2024-11-13T07:37:20Z 2024-09-13 2023 Dissertation * S2024 http://hdl.handle.net/2263/99040 Disclaimer Letter en © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Legal counselling Family law mediation Unnecessary litigation Family dispute resolution Family cases SDG-10: Reduced inequalities Law theses SDG-10 SDG-16: Peace, justice and strong institutions Law theses SDG-16 Legal counselling in family mediation to address unnecessary litigation |
| title | Legal counselling in family mediation to address unnecessary litigation |
| title_full | Legal counselling in family mediation to address unnecessary litigation |
| title_fullStr | Legal counselling in family mediation to address unnecessary litigation |
| title_full_unstemmed | Legal counselling in family mediation to address unnecessary litigation |
| title_short | Legal counselling in family mediation to address unnecessary litigation |
| title_sort | legal counselling in family mediation to address unnecessary litigation |
| topic | UCTD Legal counselling Family law mediation Unnecessary litigation Family dispute resolution Family cases SDG-10: Reduced inequalities Law theses SDG-10 SDG-16: Peace, justice and strong institutions Law theses SDG-16 |
| url | http://hdl.handle.net/2263/99040 |