by Jillian Rathbone

This article was originally posted on The Australia Arbitration Week blog.

Hosted by Joel Glover of Secretariat Brisbane, the “Arbitration Across Generations” panel brought together experts from various backgrounds to explore how generational diversity is shaping arbitration practices. Panellists included John Lancaster from Secretariat Singapore, Lucy Martinez of Martinez Arbitration, Mark Dempsey SC, and Emily O’Brien from Level 27 Chambers. Together, they delved into mentorship, technology, generational dynamics, and the value of inclusion in the field of arbitration. 

Here’s a look at the main takeaways from the event. 

Generational Differences in Arbitration Approaches: Emails, Avoiding Phone Calls, Emojis, and Everything in Between 

The event opened with a look at how generational preferences influence arbitration practices, particularly around technology, collaboration and communication. Lucy Martinez highlighted the rapid adoption of digital tools during the pandemic, and with it, the expectation to be responsive 24/7 that developed alongside. Zoom and Teams have shifted from a pandemic necessity to an arbitration staple, thanks to the digital familiarity of younger professionals. 

Emily O’Brien spoke to the opportunities created by these generational differences, noting that each generation brings unique strengths to the table. The primary difference of preferred communication styles between Boomers and Gen X (telephone calls, cryptic texts “THX” or random emojis “🦁🦉 👍”), Millennials (emails) and Gen Z (definitely, absolutely, not phone calls) was discussed. Emily notes that it is crucial to have at least one “geriatric millennial” in each team, to bridge the gap between team members who understand technology and those who don’t. The conversation revealed that all approaches have their merits, and arbitration teams benefit from a blend of concise communication and detailed written correspondence. 

Mark Dempsey reminded everyone that the beauty of a multi-generational team lies in this diversity of approach. When each generation plays to its strengths – whether it’s technology, strategy, or experience — you get an all-around better team. John Lancaster added that the trick is to combine these strengths: pairing younger professionals’ knack for digital tools with the tried-and-true wisdom that senior practitioners bring to the table. 

Mentorship in Modern Arbitration: Combining Tradition with Innovation 

Mentorship is foundational in arbitration, and while there are many more formal mentoring programs within companies and firms now, Lucy observed that the best mentorship relationships often occur more organically. Emily discussed the practical requirements, highlighting the need for both generosity of time and of spirit for both participants, as well as providing honest feedback. Modern mentorship increasingly involves technology with the advent of videoconferencing, allowing mentors and mentees to connect across borders, though John advised that face-to-face meetings still provide a unique dynamic that video calls can’t fully replicate. Mark added that mentorship is just as much about learning as it is teaching. Today, many senior arbitrators are learning from their younger counterparts, too—especially when it comes to tech. 

Technology’s Role in Arbitration: From Paper Bundles to PowerPoints 

Technology has changed the game in arbitration, both in case preparation and in the hearing room. John discussed how data analytics streamline evidence-gathering, enabling teams to manage data efficiently. But he warned against data overload, which can give cross-examiners ample material to dig for inconsistencies. Mark weighed in on virtual hearings, noting that while many appreciate their convenience, in-person hearings remain essential in cases where non-verbal cues and body language play a significant role in cross-examination. Lucy noted the shift from paper-based to electronic hearings, citing benefits for both practicality and the environment, though she recommended checking each arbitrator’s preferences, and more importantly, ensuring no one steps on crucial cables within the hearing room! 

Client Perceptions and the Value of Diverse Expertise 

Client expectations are evolving, though younger experts may still encounter credibility challenges due to their age. John suggested that younger professionals could build credibility by focusing on niche areas and gaining hands-on experience. Mark noted that sectors like construction are becoming more receptive to younger experts, who bring fresh perspectives (and fewer grey hairs.) Emily added experienced clients can make for more collaborative case strategies —just watch out for any emoji misunderstandings in the emails. 

Diversity and Inclusion in Arbitration: Progress and Room for Growth 

A push for diversity is slowly reshaping arbitration panels and influencing inclusion initiatives. Both Mark and Lucy acknowledged the strides made in gender representation but noted that ethnic and regional diversity still need improvement, especially appointments for arbitrators from Asia, Africa. Emily echoed the sentiment, saying diversity brings fresh perspectives that enhance decisions in arbitration. The panel agreed that mentorship programs are key to fostering inclusion and opening doors for underrepresented voices in arbitration. 

Challenges and the Future of Arbitration 

The panel closed with a look to the future of arbitration. Mark emphasised that while Big Data and AI can be powerful, we need to avoid drowning in information overload. “It’s more important than ever,” he said, “to step back, think deeply, and focus on the fundamental issues.” As Lucy noted at the beginning of the discussion “AI won’t take your job, but someone using AI might.” John and Emily addressed the role of predictive analytics and AI, with John cautioning that while using technology streamlines case preparation, over-reliance on it may limit younger experts’ skill development. For now, he remains cautious about AI’s potential in predictive analytics, finding it less suited for the nuanced, variable nature of arbitration cases. “It’s going to be a push-and-pull scenario for a while,” he concluded, as technology advances, but human judgment remains as the necessary handbrake. 

Practical Advice for Newcomers 

In closing, the panel offered practical advice for those stepping into the field. Mark highlighted the importance of observing and learning from experienced colleagues, as well as following the expert’s code to maintain independence and honesty. He encouraged new experts to stay courteous but firm, remember the importance of communication, and to develop the craft of clear, unbiased explanations — especially when under cross-examination. Lucy emphasised the need for clarity, especially when addressing international audiences who may face language, common law or cultural differences. 

Emily, newer to the field herself, gave relatable advice: “Prepare, prepare, and then prepare some more.” Over-preparation, she said, builds confidence, allowing new practitioners to approach cases with a level of expertise that makes them feel ready to handle surprises. For John, preparation is also a means of self-preservation. “Every case” he joked, “could be the one that ends my career,” but so far, staying thorough has helped him avoid that fate. 

Conclusion 

The “Arbitration Across Generations” panel emphasised that while arbitration is evolving, the fundamentals remain: collaboration, mentorship, technological advances and a dash of humour (and maybe an emoji or two). And if this conversation was any indicator, the future of arbitration is in good hands — old, young, and everyone in between.