The Australian model of alternative dispute resolution for family disputes : could it work in Germany? : a comparative study with particular reference to the German constitution

The aim of this thesis is to examine whether alternative dispute resolution methods can be introduced into German family law. The thesis compares the Australian model of the application of alternative dispute resolution methods to family conflicts with the existing German situation. Particular attention is paid to those fundamental rights and principles contained in the German Constitution which may have an impact on the introduction of alternative dispute resolution methods. The conclusion is drawn that the position of the individual, marriage and the family in the German Constitution as well as the individual's right to effective legal protection not only allow but actually demand the introduction of alternative dispute resolution. methods. The comparison of the German and Australian situations also serves to throw new light on the Australian model of alternative dispute resolution methods for family disputes. The examination of fundamental legal principles such as the rule of law, the separation of powers and the autonomy of the individual, which are effective in both states, lends further support to the strengths of alternative dispute resolution methods as established in Australian family law. The examination also identifies a number of areas where, in contrast, the efficacy of alternative dispute resolution methods in Australia could be further improved