21 Jun Workshop: “Conflict Resolution from a Gender Perspective”
Workshop: “Conflict Resolution from a Gender Perspective”
Date: June 16, 2025
Time: 6:00 PM to 9:00 PM
Venue: Barcelona Bar Association (ICAB)
Activity included in the ICAB-UB 2024–2025 Postgraduate Diploma in Conflict Resolution
Speakers:
• Cristina Ferrando, Dean Judge of the Courts of Barcelona
• Jennifer Losada, Lawyer and Mediator
• Olga Arderiu, Chair of the ICAB Women Lawyers’ Commission
1. Cristina Ferrando: Mediation and Feminism as Pathways to Democratize Justice
Cristina Ferrando delivered a structurally and historically oriented presentation, outlining the social and ideological roots of modern mediation and its potential from a gender perspective.
The Birth of Mediation as a Feminist Alternative to the Traditional Judicial System
She emphasized that mediation, as we understand it today, did not emerge as a neutral technique but as a political and transformative response to the limitations of the classic judicial system. This response—particularly in the United States—had a strong feminist influence. During the first half of the 20th century—especially in the 1930s—several women’s groups began to question the inaccessibility of the formal justice system, which was male-dominated, costly, and structurally androcentric.
These early movements sought to broaden women’s access to justice under equal conditions, either within the formal system or through alternative mechanisms such as conciliation and mediation. This was an emerging legal feminism advocating for a more accessible, dialogical justice, attentive to personal and community relationships.
This momentum was consolidated in the 1970s with the emergence of academic movements such as Feminist Jurisprudence and Critical Legal Studies at institutions like Harvard. These schools criticized how the legal system perpetuated hierarchies of gender, class, and race and promoted alternative methodologies to resolve disputes through a more horizontal logic.
She also highlighted the role of neighborhood associations, especially in underprivileged urban areas, which created community spaces for conflict resolution. These peer-based, community-driven mechanisms—often led by women—foreshadowed what would later be known as ADR (Alternative Dispute Resolution).
Although this movement originated in the U.S., it was slower to reach Europe. While participatory extrajudicial systems were being developed in America, Europe continued for decades with a strong commitment to a centralized judiciary. It wasn’t until the second half of the 20th century—and especially with EU regulatory momentum—that ADR began to be integrated into member states’ judicial systems.
From System Alternative to Complementarity: The Multi-Door Model
As institutional recognition of ADR has grown, its role has evolved from an oppositional alternative to a complementary and appropriate resource. This is the so-called “multi-door courthouse” model, where mediation, conciliation, arbitration, and other methods coexist with the ordinary justice system.
She also addressed the evolution toward ODR (Online Dispute Resolution), which presents new challenges for gender equality in the digital realm.
Feminist Impact: Placing People at the Center of Conflict
Ferrando argued that feminist voices have been essential in rethinking the legal system and ADR structures by centering people and relationships. This approach contrasts with the traditional, hierarchical, masculinized model focused on imposition and punishment.
She cited Carol Gilligan, an American psychologist who introduced the concept of emotional feminism. Gilligan defends mediation as a dialogue-based, empathetic, and relational method for resolving conflicts—contrasting with the adversarial model. Mediation, then, is seen as a process that humanizes conflict and fosters a non-confrontational culture aligned with a non-essentialist but relational form of feminine thinking.
She also acknowledged historical criticisms of ADR, such as the risk of privatizing justice, the commercial interests behind arbitration, and the potential for economically or symbolically powerful parties to have unfair advantages.
Finally, Ferrando reminded the audience that a gender perspective is now a legal obligation in Spain, based on:
• Organic Law 3/2007 for effective equality between women and men (especially Article 4)
• The Istanbul Convention (ratified by Spain in 2014)
• EU directives and recommendations
• Catalan Law 17/2015 on effective equality between women and men
2. Jennifer Losada: Mediation with a Gender Perspective in Professional Practice
Lawyer and mediator Jennifer Losada focused on the real challenges of mediation in cases involving power imbalances, particularly related to gender or situations of violence and structural vulnerability. She argued that a gender perspective is not an optional add-on but an essential tool for ensuring fairness and safety in mediation.
Women and Structural Vulnerabilities
Losada pointed out that many women experience social, economic, and professional disadvantages as a result of traditionally being responsible for caregiving and domestic work. This reality directly affects their negotiating capacity in mediation. A gender-blind approach can reinforce the same inequalities that are at the root of the conflict.
She emphasized that a mediated agreement cannot be considered satisfactory if it consolidates or legitimizes those inequalities, and that mediators must identify, compensate for, and correct such imbalances.
Identifying Power Imbalances and Signs of Gender-Based Violence
A key part of her presentation focused on recognizing signs of gender-based violence, which are often subtle and not easily detectable. Losada stressed the importance of conducting individual pre-sessions with each party to identify signs of control, manipulation, or dominance.
She provided a list of key red flags for mediators to watch for:
• Women who speak little, avoid eye contact, appear nervous, or make no proposals during sessions.
• The other party displaying dominant behavior, monopolizing the conversation, interrupting, criticizing, or constantly correcting.
• Changes in narrative between the individual interview and the joint session—indicating pressure or fear.
• Consideration of socio-economic conditions: income level, family responsibilities, age, education, language, emotional state, social service reports, criminal records or past complaints.
When Mediation Must Be Stopped
Losada clearly stated that mediation must be immediately halted when there are signs of physical, psychological, or vicarious violence, when the freedom or safety of one party is compromised, or when there is clear pressure preventing equal participation.
She also emphasized that mediation cannot proceed if either party chooses to withdraw or if the mediator believes the structural imbalance is insurmountable within the process.
Practical Tools and Resources
As a practical resource, Losada shared a basic gender-based violence screening questionnaire specifically designed for mediators, applicable to both parties. This tool helps identify risks before or during the process and serves as a fundamental preventive mechanism.
One key question she recommends asking is:
“What do you expect from mediation?”
This question helps detect whether the person is coming in with the intention to impose, resist, protect themselves, or collaborate—crucial for designing a safe and balanced process.
3. Olga Arderiu: Gender Equality and Institutional Transformation in Law and Mediation
Olga Arderiu offered an institutional and strategic perspective on incorporating gender into both mediation and legal practice. As chair of the ICAB Women Lawyers’ Commission, she has led numerous projects related to training, awareness, and organizational change within the legal sector.
Available Publications and Resources
She highlighted two recent publications:
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“Gender Perspective and Mediation”, a guide written by Mon Tur, president of the Catalan Association for Collaborative Law. It provides tools for applying a gender perspective in mediation training and practice, encouraging professionals to reflect on their own beliefs and cultural values.
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“Mediation and Gender”, a collaborative book coordinated by Mon Tur, featuring contributions from experts such as Patsilí Toledo, Patricia González, Glòria Casas, Elena Garrido, Oriol Ginés, and Javier Wilhelm. It aims to improve mediation training using criteria of equity and gender awareness.
Both were published with the support of the Center for Legal Studies and Specialized Training and the Catalan Observatory on Gender-Based Violence in Justice. They are available for free download from the Department of Justice and Democratic Quality Repository.
Proposals to Transform the Legal Profession from a Feminist Perspective
Arderiu shared several practical proposals for advancing equality in the legal field, including:
• Recognizing motherhood as a collective responsibility and ensuring dignified conditions for mothers in the profession.
• Promoting genuine meritocracy with transparent hiring and promotion criteria.
• Encouraging collaborative work, reducing in-office requirements, and ensuring equal access to continuous training.
• Zero tolerance for harassment, with safe reporting channels and effective internal protocols.
• Eliminating the gender pay gap and adopting performance metrics based on ethics, quality, and commitment rather than revenue.
• Gender education in universities, cross-sectoral alliances, and increased visibility of female role models to combat impostor syndrome.
She stressed the importance of collective involvement within professional associations to drive change: participation, networking, fostering gender-balanced spaces, and supporting law firms with inclusive policies.
Finally, she warned of the persistent use of stereotypes in media and criminal justice, citing the 2024 GREVIO Report on Spain, which denounces practices such as:
• Judicial interpretations influenced by myths around consent.
• Sensationalist media coverage that blames victims.
• Sexist advertising reinforcing outdated gender roles.
She concluded with a strong call to eliminate gender stereotypes across all areas of law and conflict resolution.
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