Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

Analysis of the Rules Governing Arbitration in Family Law

Document Type : Research Article

Authors
1 Assistant Professor, Law Department, Lahijan Branch, Islamic Azad University, Lahijan, Iran.
2 Assistant Professor, Law Department, Lahijan Branch, Islamic Azad University, Lahijan, Iran. (Corresponding Author)
Abstract
As the most fundamental social institution, the family plays a crucial role in shaping individuals' personalities and forming the foundations of society. Protecting the rights of family members and effectively resolving family disputes not only strengthens the family structure but also contributes to social justice and lasting peace. In Iran’s legal system, arbitration and mediation have been recognized as key mechanisms for resolving family disputes.This study aims to examine the role of arbitration in Iranian family law, the functions of mediation in resolving marital disputes, and the necessity of redesigning these institutions with an emphasis on improving existing procedures and proposing an efficient model. Findings indicate that despite existing legal frameworks, the implementation of arbitration and mediation in family disputes faces challenges such as inconsistencies in procedural practices, weak oversight, and a lack of specialized professionals in this field. Reforming legal and procedural structures, enhancing the qualifications of arbitrators and mediators, and adopting successful international models can contribute to the effectiveness of these mechanisms in resolving family conflicts.
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  • Receive Date 09 January 2025
  • Revise Date 17 March 2025
  • Accept Date 06 April 2025