Negotiating within legal ambiguity: same-sex partners, family disputes and negotiation in Italy

Moscati, Maria Federica (2020) Negotiating within legal ambiguity: same-sex partners, family disputes and negotiation in Italy. In: Moscati, Maria Federica, Palmer, Michael and Roberts, Marian (eds.) Comparative dispute resolution. Research Handbooks in Comparative Law series . Edward Elgar, pp. 146-157. ISBN 9781786433022

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Abstract

This chapter offers a contextual analysis of Gulliver’s processual model of negotiation as applied to family disputes involving same-sex partners and same-sex parents. It addresses the question: what factors influence the communication between the disputants and the transition from one phase to another phase of the negotiation process? Drawing upon empirical data collected through semi-structured interviews in Italy with same-sex couples and mediators, this chapter argues that contextual factors significantly influence the nature of the negotiation process and its cyclical and developmental components. In particular, ambiguities in the (or absence of adequate) legal frameworks concerning same-sex relationships and parenting, combined with a variety of expressions of micro-politics—including politics of the body, parenthood, family—are found to hinder the exchange of information and the transition from one phase of the negotiation to another one.

Item Type: Book Section
Schools and Departments: School of Law, Politics and Sociology > Law
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SWORD Depositor: Mx Elements Account
Depositing User: Mx Elements Account
Date Deposited: 16 Dec 2020 09:05
Last Modified: 16 Dec 2020 09:05
URI: http://sro.sussex.ac.uk/id/eprint/95749

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