The Feminist Dilemma in Mediation

Nancy G. Maxwell
Washburn University – School of Law

International Review of Comparative Public Policy, Vol. 4, No. 1, pp. 67-84, 1992


The purpose of this paper is to examine whether mediation will perpetuate gender bias within family law, or whether it can be a process that reinforces and validates female models of conflict resolution to the benefit of both participants. Specifically, the paper examines feminists’ willingness to excuse the litigation model’s shortcomings in their critique of mediation. This paper ends by calling on feminists to refocus their energies to mold and shape mediation rather than abandon mediation for conflict resolution styles that are inherently at odds with traditional female values.

The Feminist Dilemma in Mediation

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