The Construction of Rationality in Australian Family Dispute Resolution: A Feminist Analysis

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Abstract

[Extract]
Mediation has long played an important role in resolving family law matters. Recent amendments to the Family Law Act 1975 (Cth) take this one step further: attendance at family dispute resolution is now effectively a compulsory prefiling requirement in family matters concerning children. A range of merits have been claimed for alternative dispute resolution in the area of family law. Prominent among these is the notion that mediation provides a more flexible and less confrontational environment for dispute resolution than the courtroom, with corresponding benefits for vulnerable or unrepresented parties.
Original languageEnglish
Pages (from-to)97-122
JournalThe Australian Feminist Law Journal
Volume27
Issue number1
DOIs
Publication statusPublished - 2007
Externally publishedYes

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