Discussion Paper: Women in Dispute Resolution: Parties, Lawyers, and Dispute

Resolvers. Is gender really a difference maker?

In all honesty, upon reading the title of the article, I knew that the question was somewhat
rhetorical. This is in no means intended to create an unwarranted stereotypical
observation, or to create a unnecessary divide between the two genders, but is merely
directed to the idea that a feminine approach has been proved different from a masculine
approach, and it is more so seen in the method and natural inclinations of women
mediators to the men.
As the article suggest, women tend to lean towards an emotionally driven judgment more
often than men, but it should not mean that all women arbitrators will tend to focus on the
care and relational approach, and forego a rational approach. The trend of many women
in today’s society and shifting culture suggest that we are in the verge of a women-led
society, as women have grown more vocal and aggressive to certain rights, advocacies,
and to solidify there place in a male-dominated world. Nonetheless, these are still
necessary but small steps towards a world that is truly without gender bias, but if I may
impose, what is so wrong with such complexities between men and women? The article
seems to lean towards the idea that because of women’s natural tendency to focus more
on the disputes bigger picture, as oppose to strictly following rules, they can be deemed
to be less effective in the position. This is in my opinion is exactly why women are so
valuable in not only dispute resolution, but in today’s society.
We should never forget that a society strictly concerned with rules without heart would
never reach its true potential. As a final thought, I think the article’s initial question can
now be simply answered as “yes, and I’m truly grateful it does”.