In today’s volatile and interconnected world, the ability to resolve disputes efficiently and intelligently is not merely a legal skill—it is a leadership imperative. While arbitration remains a cornerstone of commercial dispute resolution, the evolving demands of global business call for more than procedural mastery. It requires the human touch of mediational processes, and it demands that even the most battle-tested arbitration lawyer cultivate the skills of trust-building, empathy, and facilitative communication. Here’s what expert Mian Sheraz Javaid has to say.

Beyond Adjudication: The Rise of Mediational Thinking

Arbitration is adversarial by nature. It offers structure, enforceability, and finality. Yet, its rigidity can sometimes prolong disputes, escalate costs, and erode relationships. Mediation, in contrast, centers on flexibility, collaboration, and mutual respect. It creates a space where parties are not mere opponents but stakeholders in a shared future.

Mediation services have become an essential part of international dispute resolution. The increasing incorporation of med-arb and arb-med-arb mechanisms highlights a global trend: legal systems and clients alike are valuing outcomes that preserve relationships, protect reputations, and unlock commercial continuity.

Why Arbitration Lawyers Must Master Mediation Skills

It is no longer sufficient for an arbitration lawyer to rely solely on procedural command. The most effective practitioners are those who integrate mediational processes into their practice, applying them not only in formal mediation settings but also during negotiations, hearings, and stakeholder engagements.

Key Skills to Master

1. Active Listening
   Arbitration demands logic. Mediation demands listening. Lawyers must develop the ability to hear beyond the spoken word—to grasp interests, fears, and aspirations that drive party behavior.
    

2. Neutral Facilitation
   Arbitrators often wear the robe of authority. A mediator wears the robe of humility. The ability to facilitate dialogue without judgment enhances credibility and cultivates trust.
    

3. Emotional Intelligence
   Technical knowledge wins arguments. Emotional intelligence wins trust. Recognizing emotional cues, managing tensions, and reframing narratives are critical for dispute de-escalation.
    

4. Process Design
   Designing effective processes—whether arbitration or mediation—requires creativity. Lawyers must think in systems: pre-mediation caucuses, joint sessions, hybrid models, stakeholder mapping.
    

5. Language of Resolution
   Advocacy in arbitration is about persuasive articulation. Advocacy in mediation is about restorative communication. The use of “we” instead of “you,” or “interests” over “positions,” can redefine dynamics.
    

The Way Forward

Legal innovation is not only about technology or case law. It is about people. Arbitration lawyers who embrace the mediational mindset will not only resolve disputes—they will resolve distrust. And in today’s world, trust is the most valuable currency of all.