Behind The Neutral Table: Gender, Power, And Perception In ADR Processes
- IJLLR Journal
- 6 minutes ago
- 1 min read
Shreya, LLM (ADR), Fairfield Institution of Management and Technology
ABSTRACT
Gender bias remains an underexamined yet pervasive issue in the practice and outcomes of Alternative Dispute Resolution (ADR) processes, including mediation, arbitration, and negotiation. While ADR is often praised for its informality, flexibility, and potential to empower marginalized voices, these very characteristics can also reinforce existing gendered power imbalances. This article critically explores how implicit and explicit gender biases shape the roles, perceptions, and decision-making of mediators, arbitrators, and disputing parties. Drawing on empirical studies, feminist legal theory, and case analyses, the paper highlights how gendered expectations influence communication styles, credibility assessments, and the negotiation of settlements. It also examines the structural and procedural features of ADR that may disadvantage women and gender-diverse individuals, such as confidentiality norms, lack of transparency, and limited oversight. The article concludes by proposing reforms aimed at promoting gender equity in ADR, including bias training for neutrals, gender-sensitive procedural guidelines, and mechanisms for accountability and representation. Ultimately, the study underscores the need to critically evaluate ADR’s promise of neutrality and fairness through a gender-conscious lens.
