The political nature of conflict: Mediation as a discursive practice in family dispute resolution

This thesis explores the ways the dominant discourses of conflict resolution, legal rationality and parenting in family law shape the practice of mediation in family dispute resolution (FDR). A feminist post-structural analysis identifies contradictions and gaps in practice, particularly those arising when working with families with a history of domestic violence. This research challenges the notions of objectivity, neutrality and participant self-determination and argues instead for a reconceptualisation of mediation to take account of power relations and adopt critical postmodern understandings of power in order to navigate some of the challenges inherent in the practice of mediation