The Role of Women in Alternative Dispute Resolution

While men have historically dominated areas such as international diplomacy and negotiations of commerce and finance, studies are showing that women’s experiences, communication styles and rapport-building abilities often help disputants see the benefits of resolution. Gender differences may offer a vital variety of strengths when it comes to the negotiating table. What do women offer that is missing from professional fields dominated by men? And what is the role of women in ADR moving into the future?

The very concept of Alternate Dispute Resolution is based on the notion of community involvement. In any conflict, there are often many social, political and religious factors at play and a court-facilitated mediation takes both legal and extra-legal factors into account through greater participation and feedback of parties before reaching a decision.

In Pakistan, where the society is largely patriarchal, ADR offers the opportunity to give women a voice in legal decision-making, especially in poorer regions. Traditional and informal systems of justice such as Jirga or Panchayat (council of elders) are often criticized for being male dominated and enabling rulings that are against women’s rights. Research suggests that gender differences impact how men and women approach and behave in negotiations and what outcomes they receive as a result of it. A fair, informed, gender inclusive and culturally sensitive system of mediation can reduce the power imbalance between men and women and generally improve the relationship between the legal system and the people it is supposed to serve.

To that end, The Asia Foundation has identified women agents of change in various districts of Punjab through direct contacts with women activists, partner organizations, women lawyers and key stakeholders. We have apprised them about existing ADR mechanisms and its potential to provide speedy, economical, accessible and equitable justice, especially to women. These “women agents of change” have in the past been actively engaged in promoting human rights, access to justice and the greater inclusivity of women in socio-political structures. A total of five formal and informal women's groups have also been constituted to resolve community-related disputes. Moreover, The Asia Foundation is conducting public awareness campaigns in Punjab and Khyber Pakhtunkhuwa to create awareness among women about ADR, the cases that it covers and the means to access it effectively within their communities.

ADR has the potential to make room in the world for women's experience, and thus help transform the legal landscape in a more gender sensitive manner. To achieve this, involvement of women at all levels for the prevention and resolution of conflict through ADR in Pakistan is a much-needed step in the right direction.