性別平權在家事調解中的實踐
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2014
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我國地方法院家事調解制度施行已十餘年，近年來因民間團體和學者的倡導，家事調解委員的性別意識相當受到關注。家事事件涉及夫妻及其家庭的紛爭，身為中立、第三者的家事調解委員，在協助當事人的過程，對當事人所發生的紛爭的解讀和評估、促進溝通的過程，是否會因為性別差異而持有不同的標準和策略，若家事調解委員對當事人持有性別不平權的認知和態度，將有可能使得當事人在家事調解的運作過程受到不公平的對待。
本研究欲探討台灣北區地方法院家事調解委員如何理解、處理與性別議題有關的實務議題，以及如何實踐性別平權。因此，研究者先於台北地區某地方法院觀察一位家事調解委員的實務工作，瞭解家事調解實務運作的過程，為期三個月，共10件。再以深度訪談的方式，訪談三位社會工作、兩位心理輔導及兩位其他專業背景之家事調解委員，共七位家事調解委員，彙整其在家事調解實務常見的性別平權議題，並描繪家事調解委員在不同的性別議題的實務經驗及工作策略。
本研究觀察的結果發現，家事調解委員在處理不同訴由的家事紛爭，雙方當事人衝突程度越高、紛爭越複雜，調解越不易。在調解過程，家事調解委員針對不同家事糾紛都需有足夠的性別平權知能，並同時給予對等的發言機會，適時地運用個別會談，以達到實質中立、公正的平權。而深度訪談的研究結果分成五個主軸：家庭性別角色分工、夫妻性關係、家屬紛爭、子女權益、剩餘財產分配進行討論。研究結果發現家事調解委員在不同家事紛爭議題會彰顯不同程度的性別平權意識。
一、 家庭性別角色分工、夫妻性關係、剩餘財產分配議題：家事調解委員性別解讀較具有性別平權意識，僅有少數幾位家事調解委員在特定議題的性別意識較模糊或難以實踐性別平權。
二、 家屬紛爭、子女權益議題：部份家事調解委員受傳統父權社會、生物論性別觀影響，展現較為不平權的性別意識。
最後，研究結論以家事調解委員的專業背景來討論，社工專業背景家事調解委員較具有性別平權觀，能理解後天社會對性別的影響，同理雙方當事人所處位置的處境，其他專業背景之家事調解委員則有些具有性別彈性化及平權思維，有些則在不同紛爭議題受傳統父權思維的影響，家事調解委員的性別平權意識程度仍受其專業所學影響。本研究建議未來家事調解訓練課程的規劃融入多元的性別議題，並對未來研究方向提出其他建議。
The institution of family mediation has been here for several decades. Recently, the gender consciousness of family mediators has attracted extensive attention because of the advocacy of many non-governmental organizations and scholars. Since family disputes usually involve the couple and their family members, family mediator, as the neutral third party, may adopt different strategies to help parties due to the gender difference. If the family mediator has an unfair attitude towards gender equality, the rights of one party may be violated during the family mediation. Therefore, the main purpose of this research is to explore how family mediators deal with the cases regarding gender issue and how they realize gender equality in Taiwan Taipei District Court and Taiwan Yilan District Court. In order to gain knowledge of how family mediation is achieved, the researcher firstly observes one mediator deal with eight cases of family mediation in Taiwan Taipei District Court. In addition, the issue of gender equality in family mediation is investigated by depth interview method for seven family mediators, including three from the background of social work, two from counseling psychology, and others. According to the results of interview, when the conflict of both parties is more serious and complicated, family mediation will become more difficult. In the process of family mediation, family mediators need to have enough understanding of gender equality, give both parties the opportunities to speak out, and use individual meeting appropriately to realize neutralism and equality. Five issues are further discussed in the present study: 1) gender roles; 2) couple's sexual life; 3) family dispute; 4) interests of the child; 5) distribution of matrimonial property. The research found that family mediators show different extents of gender consciousness when dealing with different family dispute issues. In the cases which involve the issues of gender roles, couple's sexual life, and distribution of matrimonial property, the family mediators tend to show the awareness of gender equality. By contrast, in dealing with the issues of family dispute and the interests of the child, some family mediators may be influenced by the traditional concept of patriarchy and biological determinism, and therefore express unequal gender consciousness. On the other hand, in terms of the backgrounds of these family mediators, family mediators from social worker generally have a better concept of gender equality, understand the social influence on gender roles, and hence can take both parties’ situation into consideration. Other family mediators vary from different degrees of flexibility toward gender equality, and some are influenced by the concept of patriarchy in different cases. At last, it is suggested that the training process of family mediation can incorporate diverse gender issues in the future.
The institution of family mediation has been here for several decades. Recently, the gender consciousness of family mediators has attracted extensive attention because of the advocacy of many non-governmental organizations and scholars. Since family disputes usually involve the couple and their family members, family mediator, as the neutral third party, may adopt different strategies to help parties due to the gender difference. If the family mediator has an unfair attitude towards gender equality, the rights of one party may be violated during the family mediation. Therefore, the main purpose of this research is to explore how family mediators deal with the cases regarding gender issue and how they realize gender equality in Taiwan Taipei District Court and Taiwan Yilan District Court. In order to gain knowledge of how family mediation is achieved, the researcher firstly observes one mediator deal with eight cases of family mediation in Taiwan Taipei District Court. In addition, the issue of gender equality in family mediation is investigated by depth interview method for seven family mediators, including three from the background of social work, two from counseling psychology, and others. According to the results of interview, when the conflict of both parties is more serious and complicated, family mediation will become more difficult. In the process of family mediation, family mediators need to have enough understanding of gender equality, give both parties the opportunities to speak out, and use individual meeting appropriately to realize neutralism and equality. Five issues are further discussed in the present study: 1) gender roles; 2) couple's sexual life; 3) family dispute; 4) interests of the child; 5) distribution of matrimonial property. The research found that family mediators show different extents of gender consciousness when dealing with different family dispute issues. In the cases which involve the issues of gender roles, couple's sexual life, and distribution of matrimonial property, the family mediators tend to show the awareness of gender equality. By contrast, in dealing with the issues of family dispute and the interests of the child, some family mediators may be influenced by the traditional concept of patriarchy and biological determinism, and therefore express unequal gender consciousness. On the other hand, in terms of the backgrounds of these family mediators, family mediators from social worker generally have a better concept of gender equality, understand the social influence on gender roles, and hence can take both parties’ situation into consideration. Other family mediators vary from different degrees of flexibility toward gender equality, and some are influenced by the concept of patriarchy in different cases. At last, it is suggested that the training process of family mediation can incorporate diverse gender issues in the future.
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家事調解, 性別平權, family mediation, gender equality