Breaking Stereotypes: Men’s Challenges in Achieving Neutrality in Alternative Dispute Resolution for Domestic Issues

Abstract

In many countries, the conventional adjudication system often encounters significant obstacles, including court backlogs, escalating costs, and limited access to justice. As a result, Alternative Dispute Resolution (ADR) is increasingly gaining prominence as a practical substitute across various sectors. Resolving disputes through ADR is a common phenomenon, particularly in family matters. However, complexities often arise due to gender-related issues. Stereotypes and biases can influence the fairness of decisions, and a typical gender bias favoring women in the ADR process frequently leads to outcomes that do not reflect the actual scenario. Sometimes typical gender biasness in favour of women in ADR process often leads to so called decision that doesn’t show the actual scenario and unfairly favour women, especially in family issues like domestic violence, dowry, custody of the child and maintenance there exist a preconceived notion that the men are the criminals and women are the victims. Additionally, assumption of male dominance and social expectations often results into unfair and unequal decision. This paper examines the gender-biased disadvantages faced by men in ADR processes involving women and aims to propose gender-neutral and mutually agreeable solutions. It emphasizes the importance of ensuring fairness and justice for all parties, regardless of gender.