Gender Concerns and the Legal System

Paper Summary:

It is not until very recently during this century that women have looked to the legal system for support and assistance in their struggle for equality. The legislative background, including the Civil Rights Act, has provided a foundation for women to look to the courts for redress of their grievances. However, there remain problems within the legal system, including problems in civil rights law, arbitration, and mediation.
This paper provides a descriptive study of the state of gender issues in the American legal system, with a specific look at the increased use of mediation and arbitration to settle such problems as domestic violence and child custody. This type of settlement has increased and many feminists contend that mediation and arbitration automatically place women at a power disadvantage.

From the Paper:

"One of the problems is that mandated mediation is beginning to be an important element in family law, specifically with domestic violence and custody disputes (Thoennes, Salem and Pearson, 1995). In these instances, feminist scholars contend that mandated mediation puts women in a one-down position. They are considered to be vulnerable in the mediation process and likely to lose power and position within it. Although the courts have not always empowered women who have suffered domestic violence either, the mediation situation is viewed as even more likely to lead to unjust results (Hart, 1990)."

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