<i>Kindness</i> in conciliations: enhancing the experience of neurodivergent litigants in the Queensland Industrial Relations Commission

The Queensland Industrial Relations Commission (‘QIRC’) undertakes dispute resolution processes, including conciliations, to promote early resolution of workplace issues and help parties avoid protracted, costly litigation. However, established processes may present barriers to effective participation of neurodivergent litigants, including those on the autism spectrum, or those with conditions like attention deficit hyperactivity disorder, dyslexia, or tic disorders. These challenges may involve difficulties with communication, sensory sensitivities, and emotional stress, which can undermine the litigant's ability to fully engage and resolve disputes. The application of kindness – broadly conceived as an empathetic and respectful mindset, expressed through proactive and kind actions – has the potential to support neurodivergent litigants in overcoming these barriers. By embedding kindness in conciliation processes, we argue that neurodivergent litigants will be better able to participate, leading to more successful and efficient resolutions. This paper offers practical strategies that QIRC Commissioners can adopt immediately to respond to the needs of neurodivergent litigants. It also recommends a collaborative legal design approach involving key stakeholders to develop institutional or policy-based strategies for the future. Ultimately, kindness has the potential to improve both the litigant experience and overall efficiency of conciliation processes, enhancing accessibility, fairness, and trust within the QIRC.