A critical examination of the use of mediation as a tool for the realisation of women’s access to justice in property cases in the legal aid sector, Zimbabwe

Abstract

This dissertation examines the use of mediation as an alternative dispute resolution (ADR) method in property cases in the provision of legal aid. Mediation is employed as a counter strategy to expensive litigation for ordinary people. The challenges that women face in accessing justice when utilising the court processes are highlighted. The linkages between the right to legal aid and access to justice are also explored. ADR provides an opportunity for women to access justice in a system where the provision of legal aid is inadequate. The limitations that are found in litigation pose barriers to women’s access to justice which makes alternative means of resolving disputes attractive to them. The cultural perceptions of the mediators as well as those of the parties influence the effectiveness of the mediation process. The weaknesses that are inherent in the use of ADR where parties seek binding solutions to their disputes are also discussed. The gender-focused methodologies that were used in the research highlighted the impact of the mediation on the women’s lives. This study seeks to give a feminist and human rights analysis of the use of mediation as an intervention in the provision of legal services for the poor. There is, therefore, the need to explore the potential found in using mediation and tap into its advantages.