Using the Feminist Critique of Mediation to Explore 'the Good, the Bad and the Ugly' Implications for Women of the Introduction of Mandatory Family Dispute Resolution in Australia

In this article, aspects of the feminist critique are used to analyse issues arising for women as a result of the introduction in Australia in 2006 of, what is in effect, mandatory family dispute resolution in children’s disputes. The article argues that whilst family dispute resolution can be a positive process for women, it can also be an environment in which women face significant disadvantages. These potential disadvantages mean that mandating family dispute resolution, as a process of first resort in children’s disputes, will potentially create great post-separation injustice for women, and consequently for many children (an important consideration given the heavy emphasis on the best-interests of the children that dominates rhetoric about the Bill).