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Negotiating within legal ambiguity: same-sex partners, family disputes and negotiation in Italy
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.
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Publication status
- Published
File Version
- Published version
Publisher
Edward ElgarExternal DOI
Page range
146-157Pages
608.0Book title
Comparative dispute resolutionISBN
9781786433022Series
Research Handbooks in Comparative Law seriesDepartment affiliated with
- Law Publications
Full text available
- No
Peer reviewed?
- Yes
Editors
Marian Roberts, Michael Palmer, Maria Federica MoscatiLegacy Posted Date
2020-12-16First Compliant Deposit (FCD) Date
2020-12-16Usage metrics
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