Inclusive design in mediation: language, LGBTQ+, precariousness and care
By Mar Fernández Cuesta · 09/20/2025
The intersectionality in mediation It is not an abstract theory, but a practical tool that allows mediators to identify the different layers of vulnerability that affect those involved in a conflict. Factors such as language, immigration status, economic insecurity, sexual orientation, or gender identity are not secondary: they directly influence the ability to negotiate on an equal footing.
If the processes of inclusive mediation They are not designed with these realities in mind, and opportunities are closed off without even realizing it.
The case of Aisha and Carla exemplifies this clearly. Aisha, 35, is a recent migrant with limited Spanish; she works rotating shifts. Carla, 36, is a single mother in a same-sex family. Both face language barriers, economic insecurity, and a lack of institutional recognition of their family model. To ensure they can participate equitably, the process must be designed to be inclusive from the very beginning.
This involves providing information in easy-to-read formats, providing professional interpreters, and adapting schedules and formats (such as secure online sessions with technical support). From the outset, it is essential to provide free legal advice and psychosocial support, in addition to clarifying specific rights in contexts such as those of LGBTQ+ families.
The procedure should avoid assumptions about the "typical family," use inclusive language in the minutes, and provide for caucuses in the event of microaggressions or tensions. It is also advisable to include review clauses that address changes in working conditions or language.
The mediation team must be prepared to refer to specialized units or incorporate professionals with experience in sexual diversity, migration, and disability. Sustained interdisciplinary work is key to ensuring a equitable and inclusive mediation.
Furthermore, monitoring with disaggregated data—by sex, orientation, language, identified barriers, and implemented measures—allows for reviewing the impact and correcting institutional biases.
Among the most common errors are the use of forms that assume a single family model, a lack of funding for interpreters or support, and the absence of indicators that assess the fairness of the process. Without evidence, there is no improvement possible.
For professional and teaching practice, it is useful to have a barrier map with compensatory measures, a script for the first inclusive session (with an interpreter if appropriate), and a matrix of indicators that assess access, measures implemented, referrals, satisfaction, and sustainability.
Combining accessibility, free support, specialization and evaluation allows us to guarantee effective equality also for those who face multiple barriers. Because diversity is not an add-on: it is the core of the institutional design of the inclusive mediation.
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