Jennifer A. Orange, Sabrina K. Khela

Women Talking: An Alchemy for Feminist Alternative Dispute Resolution

Introduction

Women talking: an alchemy for feminist alternative dispute resolution. Proposes feminist alternative dispute resolution (ADR) principles for sexual violence, using "Women Talking" to address challenges in women's rights. Advocates for women-centered, just ADR practices.

Abstract

Over the past decade, a growing number of women who have experienced sexual violence have turned to alternative dispute resolution (ADR) and have filed sexual harassment claims in human rights tribunals instead of pursuing sexual assault charges. Using ADR processes, such as mediation, was once considered inappropriate for remedying domestic or sexual violence because of the assumed power imbalance between the parties and the risk to the survivor/victim’s personal security. These presumptions are now changing, and, in certain circumstances, survivors/victims of domestic and sexual violence are voicing their preference for ADR solutions over criminal or civil court procedures. However, this shift has also exposed challenges in the ADR system when dealing with issues pertaining to women’s rights and violence against women, such as the perpetuation of gender-based stereotypes. Addressing these challenges calls for a feminist restructuring of ADR. Relying upon Miriam Toews’s 2019 novel Women Talking and Sarah Polley’s 2022 film adaptation of this novel as a central framework, this article proposes principles for a feminist-oriented ADR practice. The authors explain how Women Talking embodies a feminist ADR practice and what the common law and traditional ADR models can learn from the dispute resolution techniques in Women Talking. A feminist ADR practice prioritizes the voices of women, meaningfully considers the interests of the women who are parties to the dispute, enacts substantive procedural justice, and positions women as active agents in structuring the dispute resolution and decision-making process. The article concludes by suggesting seven preliminary propositions for a feminist approach to ADR in practice.

Review

This article presents a compelling and timely intervention into the evolving landscape of alternative dispute resolution (ADR) for survivors of sexual violence. It astutely observes a significant shift where women are increasingly opting for ADR processes over traditional criminal or civil litigation, despite historical reservations about ADR's suitability due to inherent power imbalances. The authors critically identify that while this shift signals a potential for greater survivor agency, it simultaneously exposes fundamental flaws within existing ADR systems, particularly the entrenchment of gender-based stereotypes. The paper's core premise, therefore, is an urgent and necessary call for a feminist restructuring of ADR, positioning it as a vital contribution to both legal and feminist scholarship. The article's methodological approach is particularly innovative and intellectually engaging, leveraging Miriam Toews’s novel *Women Talking* and Sarah Polley’s film adaptation as a central analytical framework. This interdisciplinary lens allows the authors to dissect and articulate what a truly feminist-oriented ADR practice entails, moving beyond abstract ideals to concrete principles. Through this unique framework, the paper proposes a model where women's voices are prioritized, their interests are meaningfully considered, substantive procedural justice is enacted, and women are positioned as active agents in structuring the dispute resolution process. By demonstrating how the fictional dispute resolution techniques within *Women Talking* embody these ideals, the authors offer a fresh perspective on how common law and traditional ADR models can learn from such practices. Ultimately, this article makes a significant contribution by moving from theoretical critique to practical application, culminating in seven preliminary propositions for a feminist approach to ADR in practice. These propositions offer tangible guidance for practitioners, policymakers, and scholars seeking to develop more equitable and survivor-centered dispute resolution mechanisms. By foregrounding the agency and experiences of women, the paper not only challenges existing patriarchal structures within ADR but also provides a roadmap for cultivating processes that genuinely empower survivors. Its innovative use of a literary and cinematic text to inform legal and social justice discourse further enhances its impact, offering a rich framework for rethinking and reforming dispute resolution in cases of gender-based violence.

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