Doing Gender in Dispute Resolution: A Mediation Perspective

The intersection of gender and dispute resolution has increasingly drawn scholarly attention, particularly in relation to how social identities shape the processes and outcomes of conflict management. This article, critically explores how gender roles and expectations are both reproduced and contested within mediation practice. Mediation, often celebrated for its flexibility, informality, and capacity to empower disputants, also operates within broader social and cultural frameworks that influence parties’ behaviours, perceptions of fairness, and access to justice. The article interrogates whether mediation genuinely facilitates equality between disputants or whether it risks reinforcing pre-existing power imbalances, especially in contexts where gendered hierarchies are deeply entrenched. Drawing on feminist legal theory, sociolegal scholarship, empirical insights, doctrinal and case law analysis; the article examines how mediators’ approaches to neutrality, communication styles, and procedural design can either challenge or sustain gendered dynamics. It also considers the extent to which mediation can serve as a transformative space for re-negotiating gendered power relations, particularly in family law disputes, workplace conflicts, and community settings. The discussion highlights the importance of mediator training, institutional safeguards, and culturally sensitive frameworks in promoting equitable outcomes; ultimately, mediation must evolve from being merely an alternative to litigation into a transformative process that challenges structural inequalities and advances gender justice. By foregrounding the concept of “doing gender” within mediation, the article argues that acknowledging and addressing gendered patterns is essential for ensuring that mediation remains not only a practical mechanism for resolving disputes but also a tool for advancing substantive justice.