The Importance of Sensitivity in Writing Arbitration Awards

As the legal profession evolves, so too must the language we use to capture written judgments. As a Family Mediator/Arbitrator, I have begun carefully considering the importance of gender diversity in my legal writing. When I write an Arbitration Award in Mediation/Arbitration or in Parenting Coordination, my words carry more weight than just the outcome—the language I use can invalidate a person’s identity or unintentionally marginalize them.

Arbitration Awards are more than legal documents that summarize a case or lay the foundation for a conclusion—they are historical records of people’s most intimate disputes. Every pronoun, descriptor, and honorific leaves an imprint. In an era where over 100,000 Canadians identify as transgender or non-binary (per the 2021 Census), failing to acknowledge gender diversity risks both harm to parties and the erosion of confidence in the fairness of the process.

Misgendering is not merely a linguistic slip; it can cause distress, signal bias, and undermine the legitimacy of your process. Moreover, gendered drafting may introduce uncertainty into enforcement or interpretation—particularly in Awards making long-term parenting, support, or property orders. Just as wills drafted with “sons” rather than “children” have invited litigation over what they include, Arbitration Awards risk future disputes when language does not reflect the diversity of gender identities.

Wills and estates practitioners have already recognized the pitfalls of gendered language, and responded with inclusive drafting strategies. These lessons apply with equal force to Family Law Arbitration.  Accordingly, here are some tips for drafting Awards and case-management emails:

1. Use gender-neutral descriptors—replace “husband” and “wife” with “spouse” or “partner,” and “son/daughter” with “child.”

2. Name individuals directly—where possible, reference a person’s name throughout the Award, rather than relying on gendered pronouns.

3. Avoid honorifics—terms such as Mr., Mrs., or Miss should be avoided unless expressly requested and confirmed. Where an honorific is needed, Mx. is a gender-neutral alternative now widely recognized in Canada.

These seemingly modest shifts carry enormous symbolic and practical weight, ensuring that the Award respects and accurately reflects the identities of those involved.

Mediator/Arbitrators stand in a unique position. While mediation requires sensitivity to each party’s lived experience, arbitration carries the authority of a binding decision. This dual role magnifies the need for careful, respectful, and precise language.

Arbitrators are expected to be neutral in judgment—but neutrality does not mean erasing diversity. To the contrary, neutrality requires acknowledging and respecting identity, so that parties feel seen and heard within the process. Inclusive language is not political correctness—it is professional correctness. It safeguards the dignity of participants, and the integrity of the award.

At the start of any new Mediation/Arbitration, I follow this checklist during my initial intake sessions:

1. I respectfully ask parties how they wish to be addressed and confirm pronouns in advance.
2. I use consistent terminology and avoid toggling between gendered and gender-neutral descriptors.
3. I  consider how my writing will govern relationships into the future – using inclusive terms when drafting Awards that minimize the risk of later disputes.
4. I am cautious with quotations. When reproducing evidence or pleadings, I consider whether to preserve the parties’ original language verbatim or adapt it with brackets for accuracy.
5. I stay current with professional education and follow Canadian Bar Association and American Bar Association directives and training on gender diversity.

Language shapes justice. For Divorce Mediator/Arbitrators like me, precision in pronouns and sensitivity in descriptors are not optional niceties, but ethical imperatives. By adopting gender-neutral drafting practices, I not only reflect the evolving understanding of gender diversity in Canada but also reinforce the legitimacy and fairness of arbitration as a cornerstone of family dispute resolution.

In the end, the careful choice of words is as vital to justice as the soundness of legal reasoning. Both determine whether my Award truly delivers dignity, clarity, and closure.