Mandatory Divorce Mediation in Taiwan PDF
By:I-Hsun Chou
Published on 2011-09 by Proquest, UMI Dissertation Publishing
This dissertation considers the role of mediation in divorce proceedings in Taiwan, with particular emphasis on two subtopics. The first subtopic is an examination of the changing role of divorce mediation in Taiwan, which is influenced partly by the American mediation system, and is manifested through the change of attitudes of Taiwanese judges. The second subtopic concerns the gender-specific implications of the divorce mediation regime in both Taiwan and America. I first introduce the historical background of the mediation regime in Taiwan. I investigate the Taiwanese public's attitudes towards the mediation regime. I then examine the transformation of divorce mediation in Taiwan, and explore its evolution from an obstacle for those who pursue unilateral divorce towards a more Western-style proceeding that attempts to instead focus on the interest of the child of the divorcing couple. I evaluate and discuss arguments concerning the benefits and limitations of the divorce mediation regime in America and Taiwan. Particularly, I explore the disparate impact of divorce mediation based on gender. I explore whether the current divorce mediation regime in Taiwan, which favors reconciliation over a divorce outcome, tends to disadvantage women more than men. Because judges act as the sole mediators in mandatory divorce mediation in Taiwan, understanding the attitudes of Taiwanese judges towards divorce and towards the reconciliation policy is crucial to any evaluation of the mediation system and the reconciliation policy. It is also important to consider to what extent these attitudes affect the judicial enforcement of the reconciliation policy. In the second half of the dissertation, I discuss the findings of my questionnaire survey on Taiwanese judges; in particular, I explore the relationship between Taiwanese judges' views on divorce and their implementation of the reconciliation policy. I then discuss the findings of my comparative survey on the Taiwanese public. I find that that, compared to other groups of the Taiwanese public, Taiwanese judges tend to be the most liberal towards divorce, and the least in favor of the reconciliation policy. Based on these findings, I predict that, over time, the reconciliation policy will be decreasingly emphasized during divorce mediation in Taiwan.
This Book was ranked at 38 by Google Books for keyword Mediation.
Book ID of Mandatory Divorce Mediation in Taiwan's Books is Cgg8pwAACAAJ, Book which was written byI-Hsun Chouhave ETAG "nWsiJG55eEk"
Book which was published by Proquest, UMI Dissertation Publishing since 2011-09 have ISBNs, ISBN 13 Code is 9781243980960 and ISBN 10 Code is 1243980966
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