ABSTRACT

Introduction Few feminist writers to date have directed their attention to the similarities between the ideologies that underpin mediation and feminism, but the suggestion that mediation reflects a new feminist jurisprudence has been made and it has been argued that a transformation of dispute resolution, to better incorporate feminist values, will lead to more ethical decision-making (Rifkin, 1984). Cahn (1992), for instance, has argued that a feminised legal system would make greater use of mediation, be more appreciative of different perspectives, be aware of the relational context to disputes and the totality of the client’s experience, and encourage less aggressive pre-trial tactics. This chapter explores these links in the context of disputes about contracts and considers whether mediation is capable of realising any of the political and practical goals associated with feminist projects. The particular issues I focus on here reflect ideological, methodological and pragmatic themes. These include the recognition of the importance of ethics of care in the handling of disputes, the encouragement of alternative paradigms for constructing legal relationships and the provision of a dispute resolution forum where women feel better able to voice their needs and concerns.