Working with trans or gender diverse, intersex and or non-hetrosexual clients: advice for mediators

Trans or gender diverse, intersex and/or non-heterosexual people are potential clients of mediation services, and mediators need to be equipped to work effectively with these clients. Claims of “equal” treatment of all clients are insufficient, as effectively that means treating all clients as though they are heterosexual and a gender that aligns with the sex assigned to them at birth. Although many of the issues to be mediated are common across client groups, there may be life experiences or power dynamics specific to individuals, couples or families who include a trans or gender diverse, intersex and/or non-heterosexual person or people. This article overviews some of the considerations specific to the mediation context. These include: the mediator’s competency, attitude and knowledge base, maintaining impartiality, power, violence, safety and comfort, reality testing, legal and social frameworks, and particular issues in the family law context.