Document Type : Research Paper
Authors
1
Assistant Professor, Imam Sadegh University, Tehran, Iran
2
Master of Family Law, Imam Sadegh University, Tehran, Iran
10.22034/law.2025.60490.3366
Abstract
The concentration of legal cases, particularly family disputes, delay of proceedings, instability of the family institution, decreasing the quality of judicial proceedings,failure to achieve fair trials, etc, are considered as one of the major challenges of the judicial system in Iran and many countries. The above reasons and other reasons have caused the desire of people to resolve their disputes through non-judicial methods or ADR, that are not supervised by government entities and both the private sector and governments have taken various measures to promote and introduce these non-judicial methods and encourage disputing parties to use them more frequently. Therefore, privatization specifically ADR, as a subset of privatization, is considered one of the effective frameworks for resolving disputes and reducing the burden on judicial authorities. In this regard, the question arises: how can the resolution of family matters and disputes be directed toward privatization? The present study aims to examine and explain, through a comparative approach and using a documentary-library method, how family matters and disputes can be privatized within the ADR system. The findings reveal that ADR methods in Iran do not play a significant role in resolving disputes. Families often resort to the judicial system to settle their conflicts for several reasons, such as the unfamiliarity with and perceived ineffectiveness of these methods, the absence of private arbitration and mediation institutions for family disputes, cultural factors, and more. But in many countries of the world, with the establishment of private and semi-governmental organizations and institutions, as well as the use of legal technology to provide ADR services, they have moved towards privatization. Finally, it can be concluded that by creating a culture introducing alternative dispute resolution methods to society, and clarifying the benefits of their use, we can take an important step in Iran to reduce the cases of the judiciary and increase the accuracy of the proceedings to preserve the family foundation.
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