Gender and Justice in Family Law Disputes

Women, Mediation, and Religious Arbitration

Edited by Samia Bano

Recently, new methods of dispute resolution in matters of family law—such as arbitration, mediation, and conciliation—have created new forms of legal culture that affect minority communities throughout the world. There are now multiple ways of obtaining restitution through nontraditional alternative dispute resolution (ADR) mechanisms. For some, the emergence of ADRs can be understood as part of a broader liberal response to the challenges presented by the settlement of migrant communities in Western liberal democracies. Questions of rights are framed as “multicultural challenges” that give rise to important issues relating to power, authority, agency, and choice. Underpinning these debates are questions about the doctrine and practice of secularism, citizenship, belonging, and identity. Gender and Justice in Family Law Disputes offers insights into how women’s autonomy and personal decision-making capabilities are expressed via multiple formal and nonformal dispute-resolution mechanisms, and as part of their social and legal lived realities. It analyzes the specific ways in which both mediation and religious arbitration take shape in contemporary and comparative family law across jurisdictions. Demarcating lines between contemporary family mediation and new forms of religious arbitration, Bano illuminates the complexities of these processes across multiple national contexts.

Series:

Brandeis Series on Gender, Culture, Religion, and Law

Paper: $45 | E-book: $39.99

ISBN-13: 9781512600353

Pages: 304 | Size: 6 in. x 9 in.

Date Published: May 2, 2017

Imprint:

Brandeis University Press

Law and Legal Studies

About the Author

Samia Bano

Samia teaches Family Law, Research Methods in Law and Law, Multiculturalism and Rights on the undergraduate and postgraduate programmes of study at SOAS, School of Law. Before joining SOAS Samia taught at the University of Reading, School of Law where she was appointed Deputy Director of Research. Samia has led the SOAS School of Law Admissions team and worked with Central Admissions on recruitment, access, inclusivity and widening participation. As the current Learning and Teaching …

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