As my second Christmas as a mediator approaches, I’ve found myself reflecting on the lessons and surprises this role has brought. Transitioning from lawyer to mediator has required new skills, a different mindset and a willingness to keep learning. Today I’m sharing some of my key reflections so far.

The most striking realisation has been that mediation is its own discipline, distinct from legal practice. Even after years of acting as an advocate in mediations, stepping into the mediator’s chair revealed how much dedicated training and feedback matter. Building trust and rapport is at the heart of the process. Credibility helps but it’s the relationships formed with lawyers and clients, often during those quieter moments, that make the work meaningful and productive. Patience and optimism are indispensable, especially when negotiations stall or doubts creep in. I’ve learned that maintaining a positive, solution-focused mindset can keep everyone moving forward, even when energy in the room is flagging.

Emotional intelligence sits at the core of effective mediation and recognising the emotional currents that run beneath the surface is essential. It’s about helping participants acknowledge these feelings of fear, frustration and uncertainty without letting them derail the process. Preparation is also vital, though it looks different from advocacy. Mediators must know the issues and the people but also remain flexible and ready to adapt as dynamics shift.

Three common mistakes I see in approaching negotiations include insufficient preparation, an over-formal approach that misses the more collaborative tone of mediation and treating negotiation as a mere platform for argument rather than a process of mutual discovery. I’m grateful to the legal community for the encouragement and support during this career transition and I look forward to more opportunities to learn and collaborate in the coming year. Wishing everyone a restful Christmas and a positive start to the new year.

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My conversation with Joel Barolsky, a strategic advisor with over 30 years of experience at the intersection of law and business, reveals why understanding market dynamics matters more than ever for legal professionals. Joel is the driving force behind Barolsky Advisors, a fellow at Melbourne Law School teaching the business of law and works internationally through Edge Consultancy while contributing to Thomson Reuters reports on the Australian legal market. His journey into the legal industry began unexpectedly through Melbourne Business School and consultancy rather than legal practice, proving that the most valuable industry perspectives often come from unconventional paths.

In this episode, we explore the current state of the Australian legal services market, including the rise of mega firms, the resilience of mid-tier players and whether the narrative of global firms infiltrating our market holds true. Joel's analysis challenges common assumptions, characterising market changes as more ebb and flow than widespread takeover. Our discussion ventures into private equity's potential role in Australian law firms and whether mid-tier firms might follow the UK model, the nuanced territory where law firms are competing with consulting services, and Joel's framework for understanding why some firms flourish whilst others flounder. Key factors like clear strategy, strong culture and effective leadership emerged as the differentiators between high performers and those struggling to find their footing.

Our conversation also tackled generative AI's potential to reshape the industry through pricing disruptions and efficiency improvements. Joel remains cautiously optimistic, suggesting that whilst commoditisation might affect some areas, the nuanced human elements of law remain irreplaceable. His forecasts for 2030 and insights into why Australian law firms' agility and leadership position them favourably on the global stage offer encouraging perspectives for the profession's future. For anyone interested in the business of law and where the profession is heading, this conversation provides essential strategic insights.

Links:

https://www.barolskyadvisors.com/

https://www.linkedin.com/in/joelbarolsky/

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My conversation with Dee Madigan, co-founder of Campaign Edge and a recognised force in advertising and political campaigns, revealed fascinating parallels between persuasion in advertising, politics, and legal practice. After teaching and stint in property, a chance pub encounter with advertising professionals pivoted her career entirely. She initially viewed advertising as "artistic prostitution," a characteristically candid assessment that captures her humorous, no-nonsense approach. What transformed her perspective was the realisation that advertising, particularly political campaigning, could serve purposes beyond selling products.

The gender dynamics in creative industries formed a compelling part of our discussion. While Dee acknowledges the industry has changed, she remains concerned about women's long-term career prospects, particularly regarding flexible work arrangements that may inadvertently impact visibility and advancement.

We explored why negative political advertisements remain effective despite public aversion. These ads stick in voters' minds longer and stimulate emotional responses crucial for engaging disengaged swing voters. This insight resonates deeply with litigation strategy, where framing arguments around what clients stand to lose often proves more compelling than emphasising what they might gain.

Our discussion of modern work practices revealed Dee's nuanced perspective on remote working. She points out the visibility issue that comes with working from home, particularly for women and how it affects career progression. While acknowledging the work-life balance benefits today's workforce enjoys, Dee warns of potential long-term career impacts and emphasises the importance of in-office collaboration for skill development.

I thoroughly enjoyed this conversation with Dee. Whether it’s in advertising, politics, or law, we agreed that success hinges on understanding human emotion, making persuasive cases and maintaining integrity while pursuing ambitious goals.

Links:

https://campaignedge.com.au/

https://www.linkedin.com/in/dee-madigan-73521318/

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