Feminist Perspectives On Alternative Dispute Resolution
- IJLLR Journal
- Jul 15
- 1 min read
Sania Naidu, O.P. Jindal Global University (Jindal Global Law School)
ABSTRACT
Alternative dispute resolutions (ADR) have seen a major surge in the contemporary society that we live in. It has acted as a significant mechanism to people who do not want to go through with in-court proceedings or litigation for dispute resolution. People hear about marginalisation faced by women and other genders in court proceedings. This paper on the flip side will explore feminist perspectives of ADR, the challenges faced by them and how gender, power, and justice intersect in the various restorative processes. It will also discuss how the patriarchal norms embedded in ADR mechanisms deter women and marginalised genders from attaining true justice. The confidentiality clause in arbitration agreements further make gendered harm and limiting legal recourse rather dubious. This paper will further explore gender sensitive reforms and more representation of women as mediators and arbitrators to make the process more inclusive and to ensure fair scrutiny. Feminist legal theories, case studies and other important objectives are covered in this paper to give an insight on the contemporary situation on women in ADR. Ultimately, this paper discusses the inclusivity of women in ADR, gender biases faced, how these gender biases can be curbed and how a more feminist perspective can be incorporated in this growing form of dispute resolution.
