Type:	Journal Article
Title:	Using the feminist critique of mediation to explore ‘the good, the bad and the ugly’ implications for women of the introduction of mandatory family dispute resolution in Australia’
Other Titles:	Australian journal of family law
Authors:	Field, Rachael
Keywords:	Informal responses;Impact on children and young people;Family law;Legislation analysis
Year:	2006
Publisher:	Butterworths
Notes:	This article considers issues for women as a result of the 2006 Australian Family Law amendments which included the introduction of mandatory mediation. It looks at the ambiguity of the feminist critique of mediation which sees the process itself as empowering and positive for women (the good), but as a process in which women are potentially vulnerable (the bad), and as a process also in which women who are victims of violence, are disadvantaged (the ugly). These 3 aspects of the feminist critique are used to analyse issues for women in Australia as a result of mandatory family dispute resolution in parenting disputes. It argues that family dispute resolution can be a positive process for women but it can also be an environment in which women face disadvantages. It suggests that these potential disadvantages mean that mandating family dispute resolution as a first resort, could create post-separation injustice for women, and also for children. It discusses how mandating family dispute resolution reflects a critical misunderstanding from family law policy makers of key aspects of consensus based informal dispute resolution and also critical misunderstandings of the reality of post-separation for women. Concerns of privacy, regulation and training are also raised.
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/12302
ISSN:	0817-623X
Appears in Collections:	Journal Articles

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