Neuroinclusive mediation simply means delivering mediation services that cater to the full range of neurodiversity. It’s not so much a distinct style of mediation as a model that builds in flexibility to meet the needs of all kinds of brains.
Autism and ADHD are the more commonly recognised forms of neurodivergence but dyslexia, dyspraxia, complex trauma and acquired brain injury also sit under the umbrella. More broadly, brain function is affected by anxiety, depression and heightened stress experienced in times of crisis.
It’s difficult to find reliable estimates of neurodivergence in Australian adults when so many have flown under the diagnostic radar or continue to face barriers to being assessed. However, recently updated ABS autism statistics give a prevalence rate of 4.3% in 5-14 year olds – a cohort with greater access to diagnosis - thereby giving an indication of prevalence across the population.
Neurodivergence is far from a niche concern. It no longer makes sense to have one-size-fits-all mediation processes based on neurotypical ways of information processing and communication.
For neurodivergent adults, navigating the systems of health, law, government, and corporations can be an overwhelming and disempowering experience. Lack of accommodations can present a barrier to accessing vital services.
As mediators, we have a responsibility to address power imbalances not just between parties, but between individuals and the structural inequities and ableism in broader society. Mediation offers an opportunity to provide an environment that is much more supportive and accommodating than the court system.
It is essential that mediators have a solid baseline of knowledge of neurodivergence and an understanding of how it can impact on participation in mediation. While it’s important to listen to clients and try to understand their individual needs, it’s not their responsibility to educate mediators about neurodiversity. Mediators can bring something to the conversation by learning about from the lived experience of neurodivergent people. Quality resources are easy to access online through organisations such as Reframing Autism.
We also can’t assume that clients will be able to advocate for accommodations or even identify that they need them. Nor should clients have to take the extra step of justifying why they need something different from other people. Accessibility needs to be built into the process rather than an afterthought.
Asking each client about accommodations at the intake stage normalises the idea that everyone requires certain things to enable them to participate in mediation effectively. As a mediator, it’s my role to make the process work so that clients feel comfortable and empowered.
Here are some of the ways a neuroinclusive mediation service like Real Families Mediation can make a difference for neurodivergent clients.
Effective communication
Communication is a key factor in promoting accessibility throughout the mediation process including intake and administration. Important measures include:
· Providing existing and prospective clients with easily accessible information that clearly explains the mediation process and what to expect
· Standard letters in simple jargon-free language that sets out necessary detail in short sentences and paragraphs
· Avoiding complex multi-step verbal instructions and use checklists and flow charts to support executive functioning
· Where needed, scaffolding clients in completing tasks such as completing forms and gathering documents
· Enabling clients to nominate phone, email or messaging as their preferred way of communicating
· Being available to answer questions and provide extra detail for clients who need it
· Use of visual aids such as colour-coded tables for care arrangements or pie-charts for property division to reinforce written and verbal communication
· Ensuring that technology is used to enhance accessibility rather than becoming a barrier.
Accommodating sensory needs
Conducting mediations through Zoom video-conferencing enables clients to participate from home, eliminating anxiety about the physical mediation environment. As well as having control over factors such as lighting and temperature, clients can access things that help them regulate such as fidget toys or even the family pet. They are free to move around and position themselves in whatever way feels most comfortable.
It’s also important to recognise that the Zoom platform is a sensory environment with its own processing demands. Giving clients the flexibility to turn off the camera or have short breaks can prevent sensory overload.
Flexibility in structure and timing of mediation sessions
Managing the mediation process is about ensuring that it responds to the needs of clients. The following measures can help sustain clients through mediation sessions:
· Regularly checking in with individual clients for sensory overload and emotional regulation and being mindful of the impact of intense discussions
· Enabling clients to initiate short breaks if they need time out
· Maintaining a four-hour cap on sessions
· Using the shuttle format where clients need additional time to process information and regulate their nervous system.
Creating psychological safety
Psychological safety is essential for clients to participate in mediation when they are experiencing emotional stress and anxiety about the process. The following steps can help:
· Building trust through a respectful, non-judgemental and open approach and ensuring clients feel heard and their experiences validated
· Not making assumptions about behaviour and exercising compassion when clients are struggling and don’t present themselves in a ‘polite’ manner
· Using the shuttle format to give clients a safe space to express themselves and relieves them from being ‘on’ all the time so they can have down-time between sessions for self-care and to rebalance nervous system and emotions
· Giving clients the agency to control how they interact with the Zoom platform, for example going off camera, muting and taking short breaks
· Being attuned to changes in movement, gestures and voice that might indicate a client is becoming dysregulated and needs a break.
· Enabling clients to nominate an appropriate person to provide emotional support.
Taking a strength-based approach
Dominant narratives of autism and ADHD are based on the medical model of disability which focuses on deficits and how to ‘fix’ them. The social model of disability emphasises the role of the environment and societal attitudes in disabling people. The family law system has caused damage to neurodivergent parents and their families by making assumptions about parenting capacity based on stereotypes. Mediators have an opportunity to redress these practices by supporting neurodivergent clients to utilise their strengths in the following ways:
· Viewing all clients through the lens of human diversity, each having a unique combination of strengths and challenges.
· Using neuro-affirming language and avoiding terms that are pathologising, ableist or reinforce misconceptions and outdated binary views about neurodivergence such as suffering /living with autism, special needs, severely/mildly autistic, low/high functioning. Neurodivergent led organisations can provide guidance on language.
· Supporting each client’s agency and self-determination by respecting their choices across all aspects of the mediation process.
· Encouraging clients to bring their insights and problem-solving skills to the discussion.
Effective communication, accommodating sensory needs, flexibility in timing and structure of mediation sessions, psychological safety and a strength-based approach are pillars of mediation that is neuroinclusive as well as supporting the needs of clients more broadly.
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