Graduation Date
1995
Document Type
Thesis
Program
Master of Arts degree with a major in Sociology
Committee Chair Name
Dr. Judith Little
Committee Chair Affiliation
Cal Poly Humboldt Faculty or Staff
Second Committee Member Name
Dr. Elizabeth Watson
Third Committee Member Name
Dr. Pamela Brown
Fourth Committee Member Name
Dr. Susan H. Bicknell
Keywords
Sociology
Abstract
Feminist academicians and activists have been working diligently for decades to incorporate the experience of women into existing theory and research. The field of mediation and negotiation is no exception. Mediation, a form of conflict resolution, has become a more widespread alternative to litigation in recent years. Supporters describe it as a balanced, fair, and egalitarian mode for the resolution of disputes and the construction of agreements. Disputants come to the mediation table as "equals." Power imbalances are supposedly left at the door. Mediation empowers disputants, allowing them to create agreements, while litigation requires disputants to passively accept the -judgment of the court. Feminist critics condemn mediation as unfair to women, particularly in cases of domestic violence and abuse. They theorize that abused women are unable to negotiate assertively with individuals who have intimidated and beaten them. The feminist critique extends into interpersonal relationships where abuse has not been present as well. Critics believe that if women can’t find equality in our patriarchal society, it is unlikely that iv they will find equal treatment at the mediation table. The critics would like mediators to learn more about the power imbalances that affect and impact women, so they can correct for power imbalances during mediation. Mediation has its defenders, who counter that these arguments ignore the merits and positive aspects of mediation. In the defenders' view, feminist critics are basing their judgments of mediation on the shoddy work of a few bad mediators; mediation is a strong and beneficial process for men and women. It is my view that mediation has proven to be an effective mode of conflict resolution. I also believe that mediators would benefit from acknowledging the validity of the feminist critique, and that change would be beneficial. Recommendations and goals for mediation are given, as I seek to incorporate the feminist critique into the mediation paradigm. Interviews with professional mediators augment the recommendations given.
Recommended Citation
Damon, Nell J., "Mediation: A Feminist Inquiry" (1995). Cal Poly Humboldt theses and projects. 2472.
https://digitalcommons.humboldt.edu/etd/2472