HOW EMOJIS ARE SHAPING THE FUTURE OF COMMERCIAL MEDIATION IN AUSTRALIA
Danny Jovica
June 17, 2025
INTRODUCTION
The way we communicate has changed dramatically over the last decade. Technology-driven communication—particularly through social media platforms—has largely bypassed formal phrases in favor of more dynamic, icon-based messages known as emojis. Legal professionals in Australia have begun to acknowledge the notable role that emojis play, not just in informal digital interactions, but also in legal contexts.
Emojis have the potential to bridge communication gaps, particularly when emotion or tone is difficult to capture in written text. They can be used to annotate dissatisfaction or lighten the mood in correspondence, which can be especially powerful in commercial mediation. As mediation professionals, we see innovative communication methods emerging to help parties overcome disputes and reach beneficial agreements more quickly and amicably.
MAIN BODY
In recent years, Australian courts have addressed how to interpret emojis in ways that can impact legal rights and obligations. One high-profile development saw emojis being considered in administrative decisions and defamation actions, raising important questions about how parties express intent and dissatisfaction in legal processes. Although emojis may not replace conventional language, their widespread use suggests they can be a powerful tool for clarifying meaning—when used thoughtfully.
For commercial mediators, the significance of emojis lies in understanding and interpreting them accurately. Misinterpretation of an emoji in negotiations—whether it is a seemingly supportive thumbs-up, a sarcastic wink, or a worried face—could escalate a dispute rather than resolve it. Effective mediation benefits from acknowledging these communication nuances, allowing parties to set the right tone, avoid misunderstandings, and progress toward meaningful resolutions.
Including emojis in mediation-related documents or informal negotiations could make the process more user-friendly and accessible, aligning with the principle of reducing legal jargon. However, it remains essential to maintain a structured approach, ensuring that emojis supplement, rather than substitute, clear written or spoken language. The ultimate goal is to facilitate a thorough understanding between parties, promoting a forward-looking, business-friendly environment where commercial disputes resolve efficiently.
CONCLUSION
By recognising the evolving ways that individuals communicate, commercial mediators are better positioned to help disputing parties achieve consensus in an increasingly digital world. Emojis are simply one aspect of this bigger shift—yet they serve as a vivid reminder that the legal landscape must adapt to the language of its participants in order to remain relevant and effective.
If you would like to learn more about how emojis and other communication tools can enhance commercial mediation, we invite you to contact Mediator Life, where our experienced mediators are committed to bringing clarity and harmony to commercial disputes.
https://mediator.life/contact
Sources (Citations)
• Fairfax Media Publications Pty Ltd v Voller [2021] HCA 27, (2021) 273 CLR 346
• Administrative Review Tribunal Act 2024 (Cth)
• Kirley & McMahon, “The Emerging Role of Emojis in Digital Communication.”
The way we communicate has changed dramatically over the last decade. Technology-driven communication—particularly through social media platforms—has largely bypassed formal phrases in favor of more dynamic, icon-based messages known as emojis. Legal professionals in Australia have begun to acknowledge the notable role that emojis play, not just in informal digital interactions, but also in legal contexts.
Emojis have the potential to bridge communication gaps, particularly when emotion or tone is difficult to capture in written text. They can be used to annotate dissatisfaction or lighten the mood in correspondence, which can be especially powerful in commercial mediation. As mediation professionals, we see innovative communication methods emerging to help parties overcome disputes and reach beneficial agreements more quickly and amicably.
MAIN BODY
In recent years, Australian courts have addressed how to interpret emojis in ways that can impact legal rights and obligations. One high-profile development saw emojis being considered in administrative decisions and defamation actions, raising important questions about how parties express intent and dissatisfaction in legal processes. Although emojis may not replace conventional language, their widespread use suggests they can be a powerful tool for clarifying meaning—when used thoughtfully.
For commercial mediators, the significance of emojis lies in understanding and interpreting them accurately. Misinterpretation of an emoji in negotiations—whether it is a seemingly supportive thumbs-up, a sarcastic wink, or a worried face—could escalate a dispute rather than resolve it. Effective mediation benefits from acknowledging these communication nuances, allowing parties to set the right tone, avoid misunderstandings, and progress toward meaningful resolutions.
Including emojis in mediation-related documents or informal negotiations could make the process more user-friendly and accessible, aligning with the principle of reducing legal jargon. However, it remains essential to maintain a structured approach, ensuring that emojis supplement, rather than substitute, clear written or spoken language. The ultimate goal is to facilitate a thorough understanding between parties, promoting a forward-looking, business-friendly environment where commercial disputes resolve efficiently.
CONCLUSION
By recognising the evolving ways that individuals communicate, commercial mediators are better positioned to help disputing parties achieve consensus in an increasingly digital world. Emojis are simply one aspect of this bigger shift—yet they serve as a vivid reminder that the legal landscape must adapt to the language of its participants in order to remain relevant and effective.
If you would like to learn more about how emojis and other communication tools can enhance commercial mediation, we invite you to contact Mediator Life, where our experienced mediators are committed to bringing clarity and harmony to commercial disputes.
https://mediator.life/contact
Sources (Citations)
• Fairfax Media Publications Pty Ltd v Voller [2021] HCA 27, (2021) 273 CLR 346
• Administrative Review Tribunal Act 2024 (Cth)
• Kirley & McMahon, “The Emerging Role of Emojis in Digital Communication.”