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This book investigates the practice of family mediation and some of the challenges that may hinder its effective use by marginalised groups in a society. Those challenges include gendered power disparity and family violence, especially towards women, and the discussion extends to how the challenges can be overcome through a practice of evaluative mediation to provide fair outcomes for women. Unlike other contemporary books on mediation, this book not only discusses different theories of power and equity in mediation, it also includes a number of verbatim quotes from different mediation sessions to demonstrate how those theories are operationalised in a real life context. While other contemporary texts on mediation focus on Western style facilitative mediation and its limitations in attaining fair justice for women enduring gendered power disparity and family violence, this text emphasises an evaluative mediation style that is embedded in Eastern social practices. Instead of focusing on gendered power disparity and family violence as limitations on the practice of facilitative mediation, this book details the practice of evaluative mediation which may provide fair justice to women despite the presence of gendered power disparity and family violence in a society.
How mediation and religious dispute-resolution mechanisms operate within diverse communities
This volume examines ways in which conflict resolution and feminist theories might be integrated to enhance our understanding and management of conflicts, particularly those between men and women. Women and child victimisation, everyday conflicts and historical perspectives are explored.
Detailed examination of the role of mediation in dealing with violence against women; describes what constitutes violence; race and social origin can create power inbalance in mediation over and above gender power play; includes proposed guidelines for the mediation of cases involving violence; includes section on Aboriginal women and mediation of disputes involving violence.
Recently, new methods of dispute resolution in matters of family law-such as arbitration, mediation, and conciliation-have created new forms of legal culture that affect minority communities throughout the world. There are now multiple ways of obtaining restitution through nontraditional alternative dispute resolution (ADR) mechanisms. For some, the emergence of ADRs can be understood as part of a broader liberal response to the challenges presented by the settlement of migrant communities in Western liberal democracies. Questions of rights are framed as "multicultural challenges" that give rise to important issues relating to power, authority, agency, and choice. Underpinning these debates are questions about the doctrine and practice of secularism, citizenship, belonging, and identity. Gender and Justice in Family Law Disputes offers insights into how women's autonomy and personal decision-making capabilities are expressed via multiple formal and nonformal dispute-resolution mechanisms, and as part of their social and legal lived realities. It analyzes the specific ways in which both mediation and religious arbitration take shape in contemporary and comparative family law across jurisdictions. Demarcating lines between contemporary family mediation and new forms of religious arbitration, Bano illuminates the complexities of these processes across multiple national contexts.
Despite decades of women’s participation in politics, the gender identities of Canadian politicians continue to attract media and public attention and shape the way they are perceived and evaluated. Gendered Mediation takes an original approach to the study of gender and political communication by examining the implications of intersecting notions of gender, sexuality, race, age, and class deployed by politicians, journalists, and citizens in Canadian politics. Building upon the gendered mediation thesis, leading scholars argue that political communication and reporting still reinforces impressions of politics as a masculine domain. Their findings have profound implications for democracy not only in Canada but also for democratic political systems elsewhere.