Investigation and criticism of arbitration in settle disputes and family emotional emotions
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.
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