Mediation and the Art of Power (Im)Balancing

  • Rachael Field

Abstract

Some commentators on mediation purport to be tired of hearing about power imbalances and the inequities that can arise for women in mediated disputes as a result of them. I reject this attitude and aim in this article to continue the dialogue on power imbalances and mediation, particularly in the context of family disputes. Mediation theory as to the ability of mediators to redress power imbalances is questioned. Mediation is not completely rejected as a dispute resolution option for women on this basis, however. Rather a proviso is placed on its use, namely that women must always be given the opportunity to make a fully informed decision regarding the consequences of their participation and the disadvantages they may face as a result of power imbalances.
Published
Oct 30, 1996
How to Cite
FIELD, Rachael. Mediation and the Art of Power (Im)Balancing. QUT Law Review, [S.l.], v. 12, p. 274-291, oct. 1996. ISSN 2201-7275. Available at: <https://lr.law.qut.edu.au/article/view/424>. Date accessed: 01 feb. 2021. doi: https://doi.org/10.5204/qutlr.v12i0.424.
Section
Emerging Scholars' Section
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