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This book examines the practice of Alternative Dispute Resolution
(ADR) as it stands today in the context of matrimonial disputes and
for providing gender justice for women undergoing matrimonial
litigation. ADR is a fairly recent but increasingly prevalent
phenomenon that has significantly evolved due to the failure of the
adversarial process of litigation to provide timely resolution of
disputes. The book explores the merit and demerit of traditional
litigation process and emergence, socio-legal framework, work
environment and success rate of various ADR processes in general
and for resolving matrimonial disputes in particular. It
comprehensively discusses the role of various institutions and
attitudes and perceptions of ADR practitioners. It analyzes the
influence of patriarchal cultural assumptions of appropriate
feminine behaviour and its effect on ADR practitioners like
mediators and counsellors that leads to the marginalization of
aggrieved woman's issues. With a brief analysis of the experience
and challenges faced with the way the ADR process is conducted, the
focus is on probing the vulnerability of aggrieved women. The book
critiques the practice of ADR as it is today and offers
constructive ways forward by providing suggestions, insights, and
analysis that could bring about a transformation in the way justice
is delivered to women. This in-depth study is an attempt to guide
decision making by bringing forth and legitimizing the battered
women's voice which often goes unrepresented, in the debate about
the efficacy of ADR mechanism in resolving matrimonial disputes.
The book is of interest to those working for justice for women,
particularly in the context of matrimonial disputes -- legal
professionals, mediators, counsellors, judges, academicians, women
rights activists, researchers in the field of gender and women
studies, social work and law, ADR educators, policymakers and
general readers who are inclined and interested in bringing a
gender perspective to their area of work.
This book examines the practice of Alternative Dispute Resolution
(ADR) as it stands today in the context of matrimonial disputes and
for providing gender justice for women undergoing matrimonial
litigation. ADR is a fairly recent but increasingly prevalent
phenomenon that has significantly evolved due to the failure of the
adversarial process of litigation to provide timely resolution of
disputes. The book explores the merit and demerit of traditional
litigation process and emergence, socio-legal framework, work
environment and success rate of various ADR processes in general
and for resolving matrimonial disputes in particular. It
comprehensively discusses the role of various institutions and
attitudes and perceptions of ADR practitioners. It analyzes the
influence of patriarchal cultural assumptions of appropriate
feminine behaviour and its effect on ADR practitioners like
mediators and counsellors that leads to the marginalization of
aggrieved woman's issues. With a brief analysis of the experience
and challenges faced with the way the ADR process is conducted, the
focus is on probing the vulnerability of aggrieved women. The book
critiques the practice of ADR as it is today and offers
constructive ways forward by providing suggestions, insights, and
analysis that could bring about a transformation in the way justice
is delivered to women. This in-depth study is an attempt to guide
decision making by bringing forth and legitimizing the battered
women's voice which often goes unrepresented, in the debate about
the efficacy of ADR mechanism in resolving matrimonial disputes.
The book is of interest to those working for justice for women,
particularly in the context of matrimonial disputes -- legal
professionals, mediators, counsellors, judges, academicians, women
rights activists, researchers in the field of gender and women
studies, social work and law, ADR educators, policymakers and
general readers who are inclined and interested in bringing a
gender perspective to their area of work.
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