What role has good advocacy in mediations and arbitrations? The archetypical advocate appears in court, before a judge, arguing a case and cross-examining witnesses. They are eloquent, engaging and easily able to meet the demands of a dynamic trial process. However, the opportunities for practising in that way are dwindling. The classical trial is now thought to be too long, too expensive and too risky. By contrast, there are increasingly more opportunities for mediation and arbitration. What is the difference? Can the skills of the great trial advocate be used in the mediation room? What are the techniques that must be learned and refined to excel in mediations and arbitrations?
I was delighted to join the panel "What role has good advocacy in mediations and arbitrations?" co-presented by the International Bar Association's Forum for Barristers and Advocates and the Arbitration, Litigation and Mediation Committees, at the IBA Annual Conference in Sydney on 10 October 2017.