Feminist Perspectives On Alternative Dispute Resolution

Naidu, Sania (2025) Feminist Perspectives On Alternative Dispute Resolution. Indian Journal of Law and Legal Research, VII. pp. 8663-8670. ISSN 2582-8878

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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.

Item Type: Article
Subjects: Social Sciences and humanities > Arts and Humanities > Philosophy
Social Sciences and humanities > Arts and Humanities > Arts and Humanities (General)
Social Sciences and humanities > Arts and Humanities > History and Philosophy of Science
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Gautam Kumar
Date Deposited: 06 Jan 2026 08:50
Last Modified: 06 Jan 2026 08:50
Official URL: https://www.ijllr.com/post/feminist-perspectives-o...
URI: https://pure.jgu.edu.in/id/eprint/10610

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