Gender identity and family mediation: reflections on trans* and non-binary partners in family mediation

This article considers how to make family mediation more inclusive for trans* and non-binary partners and parents. The argument here is that such inclusion is best achieved if mediators and lawyers in their daily practice consider that gender is a spectrum, avoid assumptions about gender identity and gender expression, recognise the specific needs of trans* and non-binary people, and acknowledge the impact that systemic inequalities, limited protection of the law and stigma have on dispute resolution involving trans* and non-binary parties. The article looks at the sources of dispute, the impact of gender identity during mediation, and at the role of the mediator. Ultimately, this article calls for further research and greater awareness regarding the needs of trans* and non-binary partners and parents during mediation.