Chapter I : Mediation and Same - Sex Couples : an Overview

This Section examines the features and premises of mediation that are commonly adopted for the resolution of intra-family disputes between samesex partners.1 It is argued here that the analysis of the nature of disputes and the recourse to mediation for same-sex partners adds new momentum to the study of family mediation. However, differences in the processes of family mediation as between same-sex and opposite-sex couples must not be overlooked. While it is true that there are similar aspects, especially in the styles and models of practice that mediators adopt, which characterise all mediations, this Section will also highlight salient differences. In offering a comprehensive overview of the topic and surrounding issues, this Chapter starts with an analysis of the sources of dispute between same-sex partners, proceeds to a consideration of the mechanisms same-sex partners use to resolve their disputes, and then turns to some specific issues that may occur during mediation between same-sex partners.