Abstract:
This research explores the legal status of women within the family institution. It specifically examines how family mediation and conciliationaimed at preserving this institutionare implemented in practice, and their subsequent impact on female plaintiffs. The study utilizes Feminist Jurisprudence through two primary frameworks: 1) Women and Family Law, focusing on formal equality ; and 2) Women and Family Mediation, addressing unequal bargaining power and the privatization of womens issues.The findings reveal that the concept of family protection and preservation once led mediation practices to strictly prioritize maintaining marital status. However, since the late 1990s (B.E. 2540s), increased awareness of violence against women in Thai society has shifted this approach ; practices began to prioritize spousal needs and showed a greater acceptance of divorce. The conceptual frameworks and practices within family mediation and conciliation significantly impact female plaintiffs across three key dimensions. First, the process supports women only under specific conditions: individual conditions require that female plaintiffs possess legal literacy, serve as primary caregivers with independent income, and face an opposing party with financial capacity ; while procedural conditions require sufficient resources to pursue legal proceedings and negotiation strategies that prioritize a maternal rather than a marital identity. Second, there is a diminished expectation for women to maintain the family institution in their role as wives. Third, while expectations regarding their maternal roles remain unchanged, women granted sole custody following a divorce face a disproportionate increase in childcare burdens and responsibilities.