This thesis is about the possibility of addressing power disparities in divorce mediation in order to maximize the benefits that this alternative practice offers. It describes the development of Alternative Dispute Resolution (ADR) in general and of divorce mediation in particular, primarily through a feminist lens. In doing so it discusses the promise that feminist proponents saw in mediation initially, and then proceeds to describe the breaking of the promise that developed into some of the harshest critique of this process. The thesis explores a critical element of this critique, namely the problematic nature of utilizing mediation in the face of existing power imbalances generally, and in the context of divorce specifically. In order to facilitate the address of incongruities of power, it delves into an examination of the concept of power from several angles. To enhance and deepen the analysis of this concept, it describes Foucault's definitions and understanding of the term, and applies these towards advancing the discussion regarding the possibility of addressing existing inequality in power between parties to a dispute. Finally, it offers some tools that can be used in addressing power disparities in order to ameliorate the mediation process and its results. To this end it describes the ethical guidelines that can be utilized, comprised of internal tools to address power imbalances through mediation styles, as well as external ethical guidelines inherent to the process. Additionally, it suggests legal boundaries that may be utilized to offset possible power discrepancies. It ends with a hopeful message of the possibility of transformation in the face of conflict, thereby entertaining the prospects of a promising future for this alternative to resolving disputes.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.99132 |
| Date | January 2005 |
| Creators | Cotler-Wunsh, Michal. |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Master of Laws (Institute of Comparative Law.) |
| Rights | © Michal Cotler-Wunsh, 2005 |
| Relation | alephsysno: 002340060, proquestno: AAIMR25034, Theses scanned by UMI/ProQuest. |
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