EMOJI IN AUSTRALIAN DISPUTE RESOLUTION: WHY DIGITAL EXPRESSIONS MATTER
Danny Jovica
June 17, 2025
In recent years, emojis have moved far beyond social media chatter. They are increasingly making appearances in formal and informal dispute resolution settings across Australia. With both legislature and courts acknowledging new forms of digital communication, mediators today need to be aware of how emoji can be used to express dissatisfaction, acceptance, or pertinent emotion in a negotiation or conflict. This shift demonstrates how Australians are challenging the notion that legal proceedings must exclude modern, colloquial expressions.
In commercial mediation, the role of a mediator includes facilitating constructive discussions, ensuring each party is heard, and supporting them in reaching a mutual agreement. Emojis—while commonly perceived as whimsical—sometimes hold meaning that can affirm or deny consent, acknowledge dissatisfaction, and reveal party sentiment. They may provide a quick way to convey emotion that standard language often fails to capture, allowing participants to share nuances of feeling in real time. But the legal and practical challenges of relying on emojis remain, including how to interpret them accurately and consistently.
Many legal practitioners have encountered scenarios in which an emoji has clarified a client’s sentiment. In defamation or contractual disputes, for example, a simple thumbs-up emoji can indicate agreement or acceptance of an offer. Yet, questions still arise: should a thumbs-up be considered as definitive consent to a proposed settlement? Could a scowling face be an official sign of objection? Resolving these ambiguities typically falls to the experience of the mediator, who must determine if an emoji truly represents the participant’s intended message, whether it is binding, and how it aligns with the dispute resolution process.
On an administrative level, emerging legislation underscores the pragmatism of Australian law, recognising modern forms of communication while still enforcing formal requirements. New provisions can open the door for parties to lodge applications or statements in less conventional ways. Meanwhile, not all judicial circles have fully embraced emojis. Many still caution that informal expression risks undermining the gravity of the legal process. However, the consensus grows that digital communication—including emojis—cannot be dismissed outright. Instead, it must be analysed in context, with consideration given to the intention behind its use.
For those of us working in the mediation space, emojis offer an opportunity to embrace more accessible forms of communication. They may allow participants of diverse backgrounds or language abilities to better articulate their feelings. However, mediators must also be prepared to mitigate any risk of misinterpretation. Clear guidelines, careful clarification, and follow-up questions can help ensure that emojis enhance the process rather than create confusion. By remaining pragmatic, mediators can navigate the line between inclusivity and clarity, integrating emojis when suitable, but never losing sight of the need for accurate, unambiguous dialogue.
Taken together, the use of emojis emphasises the need for mediators to remain agile and open to new methods of communicating. Technology has changed the way we talk and relate, and the practice of alternative dispute resolution is continually evolving alongside it. While emojis may be viewed as an informal tool, they can bring new insights into how parties experience conflict and resolution—an especially valuable perspective in mediation, where empathy and understanding are crucial.
At Mediator Life, we pride ourselves on our commitment to bridging traditional best practices with contemporary communication methods. We believe that there is immense potential for emojis and digital expressions to improve accessibility and allow all parties to share their perspective on a more even playing field. That said, the process is best facilitated by professionals who understand both the formalities of Australian law and the evolving nuances of everyday language.
Are you seeking a modern, flexible approach to resolving disputes for your business or personal matter? Contact Mediator Life today. We’re here to help you navigate every stage of the mediation process, focusing on solutions that work for you.
https://mediator.life/contact
Sources:
• Australian legislative updates on alternative dispute resolution
• Selected case references within Australian courts regarding digital communication and informal expression
• Research into communication accessibility for parties in mediation, including digital literacy studies
In commercial mediation, the role of a mediator includes facilitating constructive discussions, ensuring each party is heard, and supporting them in reaching a mutual agreement. Emojis—while commonly perceived as whimsical—sometimes hold meaning that can affirm or deny consent, acknowledge dissatisfaction, and reveal party sentiment. They may provide a quick way to convey emotion that standard language often fails to capture, allowing participants to share nuances of feeling in real time. But the legal and practical challenges of relying on emojis remain, including how to interpret them accurately and consistently.
Many legal practitioners have encountered scenarios in which an emoji has clarified a client’s sentiment. In defamation or contractual disputes, for example, a simple thumbs-up emoji can indicate agreement or acceptance of an offer. Yet, questions still arise: should a thumbs-up be considered as definitive consent to a proposed settlement? Could a scowling face be an official sign of objection? Resolving these ambiguities typically falls to the experience of the mediator, who must determine if an emoji truly represents the participant’s intended message, whether it is binding, and how it aligns with the dispute resolution process.
On an administrative level, emerging legislation underscores the pragmatism of Australian law, recognising modern forms of communication while still enforcing formal requirements. New provisions can open the door for parties to lodge applications or statements in less conventional ways. Meanwhile, not all judicial circles have fully embraced emojis. Many still caution that informal expression risks undermining the gravity of the legal process. However, the consensus grows that digital communication—including emojis—cannot be dismissed outright. Instead, it must be analysed in context, with consideration given to the intention behind its use.
For those of us working in the mediation space, emojis offer an opportunity to embrace more accessible forms of communication. They may allow participants of diverse backgrounds or language abilities to better articulate their feelings. However, mediators must also be prepared to mitigate any risk of misinterpretation. Clear guidelines, careful clarification, and follow-up questions can help ensure that emojis enhance the process rather than create confusion. By remaining pragmatic, mediators can navigate the line between inclusivity and clarity, integrating emojis when suitable, but never losing sight of the need for accurate, unambiguous dialogue.
Taken together, the use of emojis emphasises the need for mediators to remain agile and open to new methods of communicating. Technology has changed the way we talk and relate, and the practice of alternative dispute resolution is continually evolving alongside it. While emojis may be viewed as an informal tool, they can bring new insights into how parties experience conflict and resolution—an especially valuable perspective in mediation, where empathy and understanding are crucial.
At Mediator Life, we pride ourselves on our commitment to bridging traditional best practices with contemporary communication methods. We believe that there is immense potential for emojis and digital expressions to improve accessibility and allow all parties to share their perspective on a more even playing field. That said, the process is best facilitated by professionals who understand both the formalities of Australian law and the evolving nuances of everyday language.
Are you seeking a modern, flexible approach to resolving disputes for your business or personal matter? Contact Mediator Life today. We’re here to help you navigate every stage of the mediation process, focusing on solutions that work for you.
https://mediator.life/contact
Sources:
• Australian legislative updates on alternative dispute resolution
• Selected case references within Australian courts regarding digital communication and informal expression
• Research into communication accessibility for parties in mediation, including digital literacy studies