Hawthorn have turned to a prominent human rights lawyer to mediate its case with a number of its former Indigenous players, their families and an official in an attempt to avoid a Federal Court hearing.
The AFL club is set to be sued after previous mediation had failed over their alleged culpability of responsibility for a number of separate incidents relating to systematic racism.
Kate Eastman, who once gained the release of Guantanamo Bay detainee David Hicks after the US government in 2001 suspected the Adelaide man was a terrorist who trained with Al-Qaeda following his conversion to Islam, was asked to deliberate in AFL football's ongoing racism saga.
The independent panel, who started investigating the allegations last year ahead of mediation attempts, proposed to appoint both Eastman SC and former Aboriginal and Torres Strait Islander social justice commissioner, Mick Gooda, to co-mediate the process.
While the dates for a second attempt of conciliation are yet to be set after two days in March and May was unable to broker a compromise between the two parties, a Federal Court judge has ordered mediation must occur ahead of November 22.
Justice Mark Moshinsky said should the matter not be resolved in mediation, the case will be listed for a return to court on December 3 for a directions hearing.
The potential trial is currently listed for June next year after all accounts of mediation in front of the Australian Human Rights Commission was left unsettled.
Hawthorn is understood to want the matter finalised before the 2025 AFL season, so that it doesn't provide a distraction the club after its rebuild was accelerated earlier than expected this year.
Former Hawks champion Cyril Rioli, his wife Shannyn Ah Sam-Rioli, Jermaine Miller-Lewis, his wife Montanah Miller-Lewis, Carl Peterson and past Indigenous liaison officer, Leon Egan, are claiming they endured cracks and racist taunts during their time at the club.
Four-time Hawthorn premiership coach Alastair Clarkson, former football manager, now Brisbane Lions coach Chris Fagan, and ex-Hawks staffer Jason Burt have vehemently denied any wrongdoing since initial allegations first emerged two years ago.
Hawthorn president Andy Gowers believed the parties involved at one stage came very close to resolving their issues towards conciliation.
But Clarkson and Fagan refused to take ownership of a number of alleged remarks from their accusers with a direct apology.
"As we have always said, we will continue to work through the Federal Court process that includes any mediation, in good faith," Gowers said in a statement.
As part of the mediation process, the Hawks are required to present all documents, evidence and statements to the court before the next step is legally recognised.
The Indigenous party that is led by Rioli, the influential Hawks star of 189 games from 2008 until announcing a shock early retirement at the end of 2018, must put forward theirs by October 25.
Lawyers from both sides will engage in the mediation process with Eastman, a barrister with more than three decades of experience in dispute resolution and advocacy.
Eastman is currently working as a senior counsel in assisting the Royal Commission into violence, abuse, neglect, and the exploitation of people with a disability.
The Order of Australia Medal recipient has a history that includes representing Yazidi women that have been trafficked into Syria, representing affected peoples in war-crime investigations, representing a number of asylum seekers cases, and was last year recognised by the Law Council of Australia with its prestigious President's Award.
