Mediation: the LGBTIQ+ Dimension

Journal article | March 2020 | Available for purchase & free for members


This article addresses questions that may arise in a mediation involving people with a minority sexual orientation or gender identity (SOGI). It begins with references to recently publicised disputes involving leading sporting personalities. It recounts the instance of the social media and other statements by the successful Rugby Union footballer, Israel Folau, condemning LGBTIQ people and others believed by him to be in breach of Biblical instructions. The Folau litigation was ultimately settled by mediation. From this instance, the article proceeds to describe the categories and the topics that can arise in mediations involving sexual minorities. Some of the potential difficulties facing mediation in this context are mentioned. One of these is the issue of disqualification or recusal on the part of a mediator handling such matters. The need to extrapolate from particular approaches for this minority to other minorities is mentioned. Understanding the voice of sexual and other minorities is essential to any mediation involving such minorities, likely to result in a successful outcome.

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We thank the author of this article The Hon. Michael Kirby AC CMG and the journal editor Russell Thirgood for their contribution to this journal.

Tags: Mediation, Legal Practice, LGBT, LGBTQI, Sport, dispute handling administration