Pride Month and LGBTQ+ Mediators: the Benefits of Diversity in Conflict Resolution

June 2024 - Pride Month - the annual celebration of the LGBTQ+ community and gay rights movement, has once again shone a spotlight on diversity (or lack thereof) within the legal profession. Mediation is no exception- while monumental progress has been made to LGBTQ+ representation in ADR in the past decade, the community still could and should do better. Diversity is particularly important in a mediation context, where a mediator must maintain impartiality regardless of the parties’ circumstances, backgrounds or legal standpoints, and where creative thinking and novel solutions are crucial.

Ashley McCann’s Blog for Young Mediators last February highlighted the troubling lack of diversity within mediation, across gender, ethnic groups, disability and sexual orientation. There is still a long way to go to create a truly inclusive and representative mediation landscape. However, the 2023 CEDR Mediation Audit found that 5% of mediators identified as lesbian, gay or bisexual (up from just 2% in 2018). This is a higher percentage than the general UK population, which was recorded by the Office for National Statistics as an estimated 3.3% in the 2022 census. However, positive statistics aren’t everything. The 2019 CEDR Foundation Report, Improving Diversity in Commercial Mediation, opens with the fact that “despite [the] richness in the use of mediation, there is, however, not the same richness of diversity in those who are mediating.” It goes on to describe how “a lack of diversity is negative for clients and mediators. For clients, there is potentially a lack of reflection of the clients’ own personal characteristics, less ability to see a range of mediator styles and a lesser diversity of life experience of mediators working with parties.”

But how can mediators address this issue? In his article Celebrating Pride - Reflections on Being a Gay Mediator, Frederick Way described how being open, vocal and supportive as a gay man in mediation can be incredibly impactful. He highlights that, unlike other minority groups, LGBTQ+ people can “hide” their identity in a way that others cannot. He explains why attempts at concealing one’s sexuality in a professional context can be problematic, as “spending energy whilst working to hide your identity is exhausting and is not something that any worker should be asked to do.” This can have a knock-on effect on the success of a mediation: “one of the fundamental elements of mediation is the ability to build rapport, trust and empathy with the parties and them with you. Being closed in any way, even if by omission, can cause real problems for the effectiveness of the mediation.”

Mr Way argues that LGBTQ+ people, being authentically themselves, are excellently suited to mediation. “One of the first principles that you learn on a mediator training course is the ability to understand people’s motivations for their legal positions and the ability to see alternative perspectives. This… is not a difficult proposition for an LGBT person. We’ve had to understand and reconcile different viewpoints all our lives. Devising a different way of doing something to solve a problem is not a novel concept or a challenge… I’d argue that the very act of coming out itself can be shown to demonstrate introspection, respect for drivers, and courage – all vital skills for mediators.”

This view is shared by Aaron Sidhu, who writes “this diversity brings a variety of perspectives, experiences, and skills to the field, which can lead to more innovative solutions that are inclusive of the needs of the diverse communities we all live in today”. He continues, “creating an inclusive environment is critical to the success of mediation, with many clients entering mediation from a place of fear, doubt, a lack of support, and a lack of understanding.”

On the topic of lack of understanding, it is striking how little discussion there is of LGBTQ+ issues in mediation. There are minimal studies of mediator demographics, no formal LGBTQ+ mediator groups or networks, and even fewer examples of openly LGBTQ+ mediators speaking out about their experience. There needs to be an increase in dialogue if progress is to be made, alongside maintaining a proper record of mediators with protected characteristics. At present, the CEDR Mediation Audit is the sole survey of commercial mediators in the UK- there is a data gap in areas like family or community mediation and jurisdictions like Scotland and Northen Ireland.

It is clear that proper LGBTQ+ representation in mediation gives a platform to a traditionally under-represented minority, includes individuals who may well be natural mediators, and fosters a culture of openness which is crucial to the process of amicable dispute resolution. Mediation training assessors and panel selectors should be offered unconscious bias training to ensure equal access to the profession and pave the way for diverse appointments. Mediators should partner with LGBTQ+ professional organisations and share success stories within the industry to increase visibility. In addition, mentoring fellow mediators is key to creating a support network for LGBTQ+ people in the field, raising awareness and creating ‘allies’ willing to support their colleagues, contribute to discussions and promote mediation as a career option open to people from all backgrounds and of all identities. Diverse role models are crucial to challenging ‘stale, pale, male’ stereotypes in any industry.

Click here to sign the CEDR Diversity and Inclusion Mediation Charter, which aims to increase the diversity of mediator representation to more accurately reflect society.

Zosia Zakrzewska is a trainee solicitor currently undertaking an seat in ICE Disputes at international law firm CMS.