Mediation and Arbitration Skills

𝗪𝗵𝗮𝘁 𝗰𝗮𝗻 𝗮 𝗵𝘂𝗻𝗱𝗿𝗲𝗱 𝗮𝗿𝗯𝗶𝘁𝗿𝗮𝘁𝗶𝗼𝗻 𝗰𝗮𝘀𝗲𝘀 𝘁𝗲𝗮𝗰𝗵 𝘆𝗼𝘂 𝗮𝗯𝗼𝘂𝘁 𝘁𝗵𝗲 𝗮𝗿𝘁 𝗼𝗳 𝗽𝗲𝗿𝘀𝘂𝗮𝘀𝗶𝗼𝗻? After almost 100 cases, I resigned in 2024 from my position as an arbitrator at the Court of Arbitration for Sport (CAS). What did I learn from this experience, and how can I apply it to more efficient advocacy in arbitration? Here are some key reflections: 1) 𝗕𝗲 𝗖𝗼𝗻𝗰𝗶𝘀𝗲 𝗮𝗻𝗱 𝗘𝗳𝗳𝗲𝗰𝘁𝗶𝘃𝗲: In both written submissions and oral presentations, brevity is crucial. No one - and I mean no one - likes to read submissions of hundreds of pages or listen to hours of oral pleadings. Unless the complexity of the case justifies it, obviously. 2) 𝗧𝗲𝗹𝗹 𝗮 𝗖𝗼𝗺𝗽𝗲𝗹𝗹𝗶𝗻𝗴 𝗦𝘁𝗼𝗿𝘆: I love stories. Move away from reading scripts and instead, engage your audience with a narrative that captures their interest. A well-told story not only makes the argument more relatable but also keeps the arbitrators invested and interested in your case. 3) 𝗢𝗯𝘀𝗲𝗿𝘃𝗲 𝗕𝗼𝗱𝘆 𝗟𝗮𝗻𝗴𝘂𝗮𝗴𝗲: Eye contact and body language can provide significant insights into the arbitrators' level of engagement. Are they attentive, bored, or confused? This feedback is invaluable and should guide how to best present a case. Repeating key information several times—using different phrasing—can be beneficial, as it reinforces critical points and ensures clarity. 4) 𝗟𝗶𝘀𝘁𝗲𝗻 𝘁𝗼 𝘁𝗵𝗲 𝗔𝗿𝗯𝗶𝘁𝗿𝗮𝘁𝗼𝗿𝘀: This one is so important... The questions and comments from the arbitrators are more than mere formalities; they are windows into their perspectives. By listening intently, you can gauge their understanding or their interest in specific parts of your case. 5) 𝗕𝗲 𝗥𝗲𝗮𝗱𝘆 𝘁𝗼 𝗔𝗱𝗮𝗽𝘁: If you are able to observe and listen to the arbitrators, then you will certainly be able to sense whether they are following your arguments. If you have a doubt, modify your pleading or approach to clarify your points and ensure they grasp the core of your message. Adaptability can be the key to effective communication and successful advocacy. I have many other points, but I will stop here for today. What are your thoughts? How do you ensure effective advocacy in your practice? #InternationalArbitration #sportarbitration #lawyerswithoutborder

Most lawyers I know will be irrelevant in 10 years. I say this with full respect—and deep concern. Not because lawyers aren’t brilliant. But because the ground beneath the legal profession is quietly—and quickly—disappearing. If you’re a lawyer reading this and you think your career is safe because “AI can’t replace what I do”—please pause and consider this: → 74% of the tasks lawyers perform can already be automated. Legal research. Case law summaries. Contract review. Drafting. Argument building based on evidence and statutes. All of it. (legalfutures.co.uk) → In developed markets, experts predict that AI will be able to handle most decision-based legal tasks within the next 10 years. → In developing markets, that timeline stretches to about 30–35 years—but that’s still within most of our lifetimes. The more logical and fact-based your work is—the more replaceable it becomes. Why? Because machines process facts + law + precedent faster, cheaper, and with no emotional bias. But you know what AI can’t do? → Feel a room’s energy shift. → De-escalate tension between two parties on the verge of a breakdown. → Recognize when silence says more than words. → Earn someone’s trust across the table through empathy. That’s mediation. And that’s where we humans still win. And here’s the opportunity most lawyers are sleeping on: → Mediators are the future power players of dispute resolution. → Mediation advocacy—the skill of representing clients in mediation, not litigation—is already being recognized as a specialization (see Islamabad High Court’s 2023 Mediation Practice Directions). → The success rate of commercial mediation in countries like the UK is 90%+. (cedr.com) But even beyond that: mediation is faster, cheaper, more satisfying for clients, and more scalable for lawyers. You don’t have to wait months or years for one big case. You can resolve 10 cases a month—earning more while actually helping people move on with their lives. Here’s the part no one is saying out loud: If you’re a lawyer in the Global South, you have a once-in-a-generation chance to lead the shift. Not follow it. Not get disrupted by it. Lead it. That’s why we built Musaliha International Center for Arbitration & Dispute Resolution (MICADR) IMI-Accredited 40-Hour Mediation Skills Training Program—to equip lawyers across Pakistan, the Middle East, and beyond with the tools they need to thrive in the next legal era. We also offer specialized Mediation Advocacy Courses to help lawyers master the art of representing clients in mediations. These aren’t just training programs. They are career insurance policies—for a world that’s already changing faster than most people realize. If you’re a lawyer and even slightly curious about mediation, reach out. I’ll walk you through what it takes. It might just be the smartest decision you’ll make in this decade. Let AI take over the cold, logical stuff. You? Double down on the human.

Want to be a great mediation lawyer? During the last 39 years, I have participated as a lawyer or mediator in hundreds of mediations in 25 states. Here is what the very best lawyers do: 1. They prepare for a mediation as seriously as they prepare for trial. 2. They don't denigrate their opponent or their opponent's case. 3. They work for months or even years to set appropriate client expectations. This is harder than ever given out of context data available with one click. 4. They listen more than they talk and are willing to admit they sometimes need to reevaluate based on new information. 5. They are masters of timing, nuance and empathy. 6. They never think a mediation "failed" because they know they always learned new information. 7. They are willing to try creative approaches when the parties seem "stuck". For your next mediation, try out a few of these tips which are new to you and see if it helps the process.

After sitting as sole arbitrator in over 10 cases, here are a few things I wish more people avoided: 1) Treating the first case management conference like a mere formality. - Please come prepared, how you start often shapes how the tribunal sees your case. 2) At times, parties file a flood of documents (most irrelevant) just in case. - Less is more. 3) Assuming that arbitrator will figure it out. - Arbitrators are human not mind readers and they cannot connect dots you don’t give. 4) Drafting long and repetitive submissions. - Number of pages do not make it persuasive. It is only clarity that beats complexity. 5) Cross-examining just because you can and nothing of value coming out. - Sometimes, the best question is the one you don’t ask. 6) I have seen counsel mistaking aggression for advocacy. -Civility matters. A lot more than people think. 7) Playing every trick in the book. -Arbitrators see it. It rarely helps! The best counsel I have seen don’t just argue well, they prepare diligently, speak with clarity, and treat the process (and the people in it) with respect. And yes, Arbitrators notice the small things that show how well a case is prepared. #arbitration #advocacy #disputeresolution #arbitratorinsights #lawyers

I've been doing conflict resolution mediations for 18 years. I've done these after kindergartners were arguing at the playground to the pinnacle of violence with loss of lives involved. My top three tips are simple and can be used personally or professionally with adults or kids: 1) Number one goal is to stay regulated as the facilitator and keep the other participants regulated. 2) Co-constructing expectations and goals of the mediation. 3) Use the perspective of empathy to uncover feelings and to 'connect the dots' for participants. Every student and educator should understand how to mediate conflict and how to teach others how to- this isn't just a crucial skill for schools but for society as a whole. Seeking positive peace doesn't have to be hard, but if we don't teach it to our kids, it will be hard for them to understand what peace feels like as an adult.