香港、台灣家事調解制度比較研究―以家庭暴力事件爲中心

賴月蜜

doi:10.6350/JSSP.200906.0247

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P247 - 289

Humanities > General
Social Sciences > General

DOI： 10.6350/JSSP

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香港、台灣家事調解制度比較研究―以家庭暴力事件爲中心

Comparative Study of Family Mediation in Cases Involving Domestic Violence between Hong Kong and Taiwan

賴月蜜(Emily Yueh-Mi Lai)

人文及社會科學集刊； 21卷2期 (2009 / 06 / 01) ， P247 - 289

繁體中文 DOI： 10.6350/JSSP.200906.0247

家事調解；訴訟外替代性爭議處理；家庭暴力；離婚；兒童最佳利益； family mediation ； ADR Alternative Dispute Resolution ； domestic violence ； divorce ； the best interest of the child

Abstract │ Reference (51) │ Times Cited (3) │ Altmetrics

Abstract 〈TOP〉

Parallel Abstract 〈TOP〉

Owing to the nature of family disputes, it is not suitable for family members to fight each other in a Family Court. The system of family mediation is non-judicial devices and one kind of ADR (alternative dispute resolution). The mediator is neutral and impartial between the parties, tries to reduce their animosity, and reminds parents to focus on the best interests of the child. The mediator enhances the amicable nature of divorces while discussing the issues of property and custody, and encourages them to cooperate in parenting plans.
The study adopted qualitative research methods, including interviewing and comparative methods. The 14 interviewees are family mediators in Hong Kong and Taiwan. They have experience dealing with family mediation involving domestic violence. The conclusions and suggestions are as follows: Firstly, the development of Taiwan's family mediation is similar to Hong Kong's, as learned family mediation professional from Hong Kong. Secondly, Taiwan should set up the qualification standards for family mediators. Thirdly, family mediators should have enhanced training on domestic violence. Fourth, Taiwan should develop a domestic violence mediation screening protocol. Fifth, Taiwan's Court system should develop local family mediation model. Sixth, Taiwan's Family Court should provide multiple services. Seventh, family mediators should have connections to community resources. Eighth, Taiwan should develop community family mediation. Ninth, the government should promote and advocate the legal system for family mediation.

Reference ( 51 ) 〈TOP〉

Ackerman, M. J.(1995).Clinician's Guide to Child Custody Evaluations.New York:John Wiley & Sons.
Beck, C. J. A.,B. D. Sales(2001).Family Mediation-Facts, Myths, and Future Prospects.Washington, DC:American Psychological Association.
Chan, F. Y. L.(1999).Unravelling the Riddle of the Decision to Divorce through the Narrative Accounts of Divorced Women-An Attempt on an Integrated Model of Divorce Decision Process to Inform Practice.Hong Kong:Department of Social Work & Social Administration, The University of Hong Kong.
Charlesworth, S.,J. N. Turner,L. Foreman(2000).Disrupted Families-The Law.Sydney:The Federation Press.
Clapp, G.(2000).Divorce and New Beginnings-A Complete Guide to Recovery, Solo Parenting, Co-parenting, and Stepfamilies.New York:John Wiley & Sons.

Times Cited ( 3 ) 〈TOP〉

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