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A feminist model Of mediation that centralises the role of lawyers as advocates for participants who are victims of domestic violence

Field, Rachael M. (2004) A feminist model Of mediation that centralises the role of lawyers as advocates for participants who are victims of domestic violence. Australian Feminist Law Journal, 20, pp. 65-91.

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Abstract

There are many aspects of mediation that support an analysis of the process as a feminist approach to dispute resolution. This analysis might be used in terms of justifying the increased use of mediation in family dispute contexts where the number of women disputants is high. Women who are victims of domestic violence, however, face many practical and process disadvantages in family law mediation, and whilst feminist scholarship has enabled a better understanding of the impact of domestic violence on a victim’s ability to participate effectively in mediation, the rates of participation remain high.

This article considers some of the arguments for considering mediation as a feminist model of dispute resolution and contextualises those arguments in terms of their application to the participation of victims of domestic violence in mediation. The article argues that as victims of domestic violence increasingly find themselves in the mediation context, specific strategies are needed to protect their interests and ensure their safety. The article proposes a distinct model of family law mediation for matters where there is a history of domestic violence that centralises the role of a legal advocate for the victim.

Impact and interest:

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ID Code: 6264
Item Type: Journal Article
Additional Information: Access to the author-version is currently restricted pending permission from the publisher. For more information, please refer to the journal's website (see link) or contact the author. Author contact details: r.field@qut.edu.au
ISSN: 1320-0968
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2004 Socio-Legal Research Centre, Griffith University
Deposited On: 22 Feb 2007
Last Modified: 29 Feb 2012 23:06

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