Search for

Masoud Palizban , Siamak Jafarzadeh‎‎ , Reza Nikkhah Sarnaghi ‎

Abstract

The familial conflicts stem from the complicated social conditions and statuses in the ‎contemporary era and, in case of the emergence of conflicts between the couples, the ‎government is required to eradicate the subject of conflict and establish peace between ‎the couples through forming a familial peace institution. In Iran’s laws, this institution ‎is called arbitration (mediation) which is a Quranic strategy for resolving the familial ‎controversies and this rule by the Holy Quran has also been taken into account by the ‎legislator and there are accordingly regulations enacted in this regard. But, the ‎jurisprudential perspectives’ differences and the changes in the social conditions have ‎caused the alteration of the current statutory provisions regarding arbitration with some ‎flaws being still detectable therein. The present study makes use of a descriptive-‎analytical method to investigate the basics of arbitration and the evolution trends of ‎legislations on arbitration so as to explore the present arbitration law and elaborate the ‎legal shortcomings in the laws of Iran. In the end, it will be suggested that the ‎judicature has to form a sufficient number of arbitration divisions consisted of legal ‎experts and family counselors and psychologists alongside with the family courts for ‎helping the latter resolve the familial conflicts‎‎‎‎‎‎.

DOWNLOAD