Family Mediation and Equality of the Sexes

Source: (2003) Committee on Equal Opportunities for Women and Men, Council of Europe.

Equality of the sexes must be guaranteed in family mediation as in family justice systems in general. Individual rights must not be sacrificed to cost-effectiveness or the trend towards alternative conflict resolution methods. Neither sex should be disadvantaged in family mediation because of power imbalances: be it because one party has suffered abuse, is unable to fully present its points of view (e.g. because of drug/alcohol dependency or mental health issues), or is emotionally or financially at a disadvantage (e.g. because one party has looked after the children and not worked outside the home). When patently unfair agreements are reached during family mediation resulting from these power imbalances, they must not be endorsed by the mediator or approved by a judge. (excerpt)