To navigate these effectively, four mediators – Amber Williams, CEO of the Resolution Institute; Michael Mills, disputes lawyer and mediator at Solve Resolve; Nicole Davidson, principal at Nicole Davidson Negotiation; and Steve Lancken, managing director at Negocio Resolutions – have provided valuable advice for both seasoned and new mediators to help them thrive within this dynamic environment.

This discussion continues from a previous conversation regarding the key trends the four mediators believe will influence and shape the mediation landscape in 2025.

Mastering technology

Williams stressed that as technology becomes more embedded within the profession, mediators must not only embrace and master technology but also recognise the potential challenges that can arise from these developments.

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As the global shift towards online dispute resolution continues, Williams explained that in the upcoming year, mediators must stay ahead of the curve by becoming proficient with both online mediation tools and traditional in-person methods.

“Australian mediators should embrace all modes of facilitation by mastering both online mediation tools and continually update their technological skills to ensure they can facilitate effective, secure sessions, as well as mastery in an in-person environment,” Williams said.

She also expressed that as the legal profession is increasingly utilising online services to promote its offerings, mediators should adopt similar strategies to market their services and establish a robust professional network effectively.

“Building an online presence, establishing a professional website, participating in online forums, and being active on LinkedIn can help new mediators reach a broader audience,” Williams said.

However, as technology and its associated services become increasingly integrated into the profession, Williams highlighted a growing concern regarding cyber threats that mediators should be vigilant about for 2025.

“With cyber attacks and scams being on the rise, it is important for new mediators to recognise that they run a ‘small business’ and, as such, have a responsibility to be cyber aware and take precautions to protect sensitive data and information, which is critical to their livelihood,” Williams said.

“With scams being more common and less targeted, we have seen instances of mediators being locked out of their own systems and unable to recover information and having little support in overcoming this.”

Navigating the evolving role of lawyers in mediation

Mills indicated that a significant consideration for mediators to address in the upcoming year will be lawyers’ evolving and changing role within the mediation process.

In navigating this transition, he shared that overcoming it hinges on the lawyers’ capacity to balance the adversarial nature inherent in litigation with the collaborative spirit crucial for effective mediation.

“To prepare for this, as so many mediators privately observe, dispute lawyers need to balance the tension between the adversarial process of litigation and the opportunities presented by mediation for successful outcomes, which usually requires a much more collaborative and problem-solving approach to dispute resolution,” Mills said.

However, Mills stressed the issue’s complexity, highlighting that many attorneys continue to perceive mediation merely as an extension of the litigation process rather than a distinct and collaborative avenue for dispute resolution.

“This is much more challenging than it seems. Which is why so many lawyers treat mediation as a continuation of the litigation process and nothing more than a “mini-trial” or pre-trial settlement conference,” Mills said.

“With the result, the resolution strategy is often no more nuanced than: ‘this is why we will win at trial and you [my opponent] are wrong’ or if that doesn’t succeed (as it often doesn’t); a fall back plan of ‘see you at trial’ or barter for a compromise.”

Increased importance placed on negotiation skills

Davidson articulated that, by 2025, a significant consideration will be the necessity of advancing negotiation theory and strategy within the practice of mediation.

She noted that this emphasis arises from the observation that most training programs allocate insufficient time to these crucial skills, which are integral to the mediation process.

“While mediation is the facilitation of a negotiation, most mediation training spends only a very short time on negotiation theory and strategy. Developing these skills and being able to guide both parties through the negotiation at a strategic level is a significant differentiator,” Davidson said.

In addition to negotiation skills, Davidson shared her belief that mediators need to focus on increasing their understanding of conflict psychology in the upcoming year, as such knowledge is highly beneficial for their clients.

“The human element of mediation is also critical. Practitioners need to build their understanding of conflict psychology so they can help clients understand their own biases and see the dispute in a more objective way.

“It is this that will give clients an outcome where they not only achieve settlement but also are able to move on from the dispute without ongoing bitterness that stays with them for decades,” Davidson said.

Building trust and people skills

Lancken offers advice that centres on the importance of essential interpersonal skills necessary for effective mediation.

He cautions that mediators who are unable to establish connections with individuals may encounter difficulties in achieving success in the field.

“If you do not have people skills, stick to legal work. Mediators need to work with people of diverse personality and background. If you struggle to relate, you will struggle to offer the assistance that people are seeking,” Lancken said.

Lancken also emphasised the importance of active listening for mediators in the year 2025.

“Don’t fall into the trap of thinking one case is the same and the next. Listening actively can help mediators identify the heart of the dispute,” Lancken said.

“Work hard to build rapport and trust. This is obvious for those of us who have been meditating for a long time. Telling people what to do or ‘knowing everything’ does not build rapport.”