Guest Lecture on “Practical Mediation Strategies” by Mr. David Katona and Military Power in the Contested World

The Centre for East Asian Studies at Christ University, in collaboration with the Department of International Studies, Political Science, and History, organised a guest lecture on “Practical Mediation Strategies” on 29th July 2025 at the Central Campus, Bengaluru. 

Dr. N. Manoharan, Director of CEAS, followed with the official introduction of the event's keynote speaker, Mr. David Katona. Dr. Manoharan's address was more than ceremonial; it was a thoughtful contextualisation of mediation’s relevance in today’s conflict-prone world, particularly in regions like Asia and Oceania. He noted that the frequency and gravity of regional conflicts call not only for a cessation of hostilities but for proactive and creative alternatives to conflict resolution. Despite a demanding professional schedule, Dr. Manoharan praised Mr. Katona for his dedication to student engagement and emphasised the shared commitment to shaping future peacemakers.

Upon taking the floor, Mr. Katona began his session with a deep sense of purpose and warmth. He acknowledged the presence of students not only from the School of Law but also from departments like Political Science and History. Framing the session as a “broad overview” aimed at initiating students into the mindset of a mediator, Mr. Katona expressed his hope that the strategies discussed would equip attendees to engage effectively in academic competitions and real-world legal practice.

The inaugural session concluded on a note of inspiration and anticipation, marking the beginning of an efficient and engaging lecture. The respectful and inclusive tone, coupled with the calibre of the speaker and organisers, made the session a memorable learning experience for all attendees, particularly for students seeking to pursue alternative dispute resolution as a meaningful legal career.

SESSION 1

PRACTICAL MEDIATION STRATEGIES

Speaker – Mr. David Katona, Mediator, Conciliator, Lawyer and Officer of the Supreme Court of Victoria, Australia

Mr. David Katona conducted an insightful session on practical mediation strategies, drawing on his extensive experience in dispute resolution and his work with the Supreme Court of Victoria. The session was structured into three segments: the mediation mindset, practical advice, and a question-and-answer session.

In the first part, Mr. Katona discussed the importance of understanding the mindset of disputants. He emphasized that parties to a mediation often carry deep-seated trauma, emotional baggage, and stress accumulated over extended litigation. These human elements, he noted, significantly impact the parties behavior and capacity to negotiate. He highlighted the importance of acknowledging the "human behind the dispute," and emphasized that mediators must adopt a non-judgmental, empathetic, and empowering approach. A mediator, he stated, is not a judge but a neutral facilitator who helps parties regain agency in the resolution process. Quoting Bruce Perry, he described the mediator’s role as someone “bigger, stronger, wiser, and kinder.”

In the second segment of the session, Mr. Katona provided practical guidance by outlining three critical areas for effective mediation: managing time and space, maintaining neutrality, and employing the caucus method. Firstly, with respect to managing time and space, Mr. Katona emphasized the importance of demonstrating clear progression throughout the session. Parties attending mediation often seek efficiency and resolution, not prolonged formalities. He advised mediators to avoid overly polite or verbose introductions and instead focus on setting a precise, business-like tone from the outset. To streamline the process, he recommended introducing a clear framework based on a three-phase model - History, Today’s Options, and Future;which helps structure the mediation process without delving into the content too early. This approach allows participants to stay oriented, reducing repetitive or circular discussions. Secondly, he highlighted that neutrality is fundamental to a mediator’s credibility and effectiveness. The mediator must visibly and consistently convey that they are not aligned with either party. Mr. Katona emphasized that in mediation, unlike litigation, the disputing parties are not adversaries; rather, the problem itself is the common adversary. Mediators must serve both sides equally, demonstrating fairness, control, and impartiality. Their role is to assist, not to adjudicate, and they must adopt a service-oriented mindset, guiding parties collaboratively toward a solution.

Thirdly, Mr. Katona elaborated on the use of caucus—private sessions with each party—as a vital technique in uncovering the true dynamics of the dispute. He described the caucus as a space for testing party positions, building rapport, and uncovering valuable information that may not surface in joint discussions. He noted that mediators often begin caucus sessions with empathetic inquiries such as “Are you okay?” to create a safe and trusting environment. Within this setting, mediators can explore each party’s expectations, needs, and willingness to compromise. He stressed the importance of asking practical questions such as what the party hopes to achieve that day and how they would respond if the opposing side declined their demand. Through this process, the mediator is able to deconstruct rigid positions and facilitate more flexible, mutually acceptable solutions.

SESSION 2

MODERATOR’S SESSION

The moderated session was conducted by two student representatives—Shivang, from the School of Law, and Pijush, from the Department of Political Theory and History. The interaction was thoughtfully designed to encompass both general and legal dimensions of mediation.

The session commenced with Pijush posing a general question concerning the role of a mediator in highly polarized disputes, especially when the parties involved struggle to agree on basic facts. Mr. Katona began by addressing the challenge of mediating disputes where parties cannot agree on basic facts, a common issue in both commercial and community disputes. He emphasized that mediation does not primarily focus on resolving factual disputes, as the laws of evidence do not apply. Instead, mediators encourage parties to express their perspectives without the mediator ruling on the facts. This approach helps prevent squabbling and shifts the focus toward understanding each party’s values and desired outcomes, which can often be reconciled despite factual disagreements. Mr. Katona highlighted that this approach is effective in various contexts, including commercial disputes, community conflicts, and non-incorporated associations like sporting clubs, where mediation facilitates mutual understanding to resolve tensions.

Addressing high-emotional-tension situations, Mr. Katona shared practical techniques for de-escalation. He described using private caucus sessions to allow parties to express their emotions safely, employing soft skills such as active listening and observing non-verbal cues to gauge their state. To calm dysregulated individuals, he employs strategies like speaking softly to encourage mirroring, changing body posture, or standing up to shift the emotional dynamic. If tensions remain high, he may keep parties in separate rooms, shuttling between them to facilitate communication. These methods, rooted in emotional regulation, help parties move toward rational dialogue and seize the opportunity to resolve disputes.

Responding to a question from Shivang about mediation’s role in the Australian legal system, Mr. Katona explained its integration within Victoria’s civil justice framework. Courts and specialized departments, such as those handling building disputes, personal injury, or residential tenancies, often mandate mediation or conciliation before litigation. Statutory powers grant conciliators authority to issue certificates allowing cases to proceed to court if mediation fails. Mediation is increasingly recognized for its efficacy, with courts referring cases to registrars or external mediators to attempt resolution. Mr. Katona noted that this trend extends globally, with mediation agreements gaining enforceability in some jurisdictions, reflecting a growing wave of mediation adoption worldwide.

The session concluded with appreciation for Mr. Katona’s insights, which enriched the audience’s understanding of mediation’s practical and legal dimensions. The moderators, Shivang and Pijush, effectively guided the discussion, ensuring accessibility for students from diverse academic backgrounds, including those without legal training. The lecture underscored mediation’s value as a versatile, voluntary, and effective tool for dispute resolution across various contexts.

SESSION 3

Q&A SESSION WITH MR. DAVID KATONA

Following the moderated dialogue, the guest lecture by Mr. David Katona transitioned into an open Q&A session. The session allowed students from diverse academic backgrounds, including law and finance, to pose questions on practical mediation strategies, enhancing their understanding of the mediation process and its application. The discussion was marked by insightful inquiries and Mr. Katona’s detailed responses, which addressed both practical and theoretical aspects of mediation.

One student inquired about handling confidential information during mediation to ensure transparency. Mr. Katona explained that in private caucus sessions, mediators build trust through curiosity and active listening, encouraging parties to share sensitive information by assuring confidentiality. He emphasized that mediators do not relay this information to the other party, fostering a safe environment for open disclosure, which aids resolution without compromising neutrality.

Another question focused on avoiding undue influence while encouraging parties to discuss disputes fully, particularly when discussing the costs of litigation versus settlement. Mr. Katona introduced the concepts of BATNA (Best Alternative to a Negotiated Agreement) and WATNA (Worst Alternative to a Negotiated Agreement), explaining that mediators prompt parties to consider the best and worst outcomes of not settling. By reiterating the parties’ own concerns—such as emotional or financial impacts—without offering legal advice, mediators help parties evaluate their options objectively, maintaining impartiality while facilitating informed decision-making.

A student from a finance background explored the role of behavioral psychology in mediation and law. While Mr. Katona noted he had no formal training in behavioral psychology, he stressed that mediation relies heavily on understanding people. He highlighted his growing interest in neurodiversity, which informs his practice by recognizing how disputes affect individuals differently, emphasizing the importance of empathy and observation in achieving effective mediation outcomes.

Regarding common mistakes by novice mediators, Mr. Katona cautioned against treating mediation too casually due to its informality compared to court proceedings. He advised maintaining a professional demeanor, respecting the seriousness of the process, and avoiding overly friendly or casual behavior that could undermine the mediator’s role as a neutral facilitator. He also noted that mediation is not a high-income legal field, urging aspiring mediators to pursue it for passion rather than financial gain.

For students preparing for mediation competitions, Mr. Katona addressed handling repetitive or aggressive clients. He recommended taking detailed notes to summarize a party’s position concisely, gradually narrowing the summary to discourage repetition without confrontation. He also advised reinforcing mediation ground rules, such as limiting historical discussions, to keep sessions focused on present and future solutions, particularly in competitive settings.

Finally, a question on family business disputes highlighted the challenge of emotional dynamics and the temptation to rush to solutions. Mr. Katona stressed establishing clear communication rules early, such as prohibiting interruptions or disparaging remarks, and using private sessions to uncover underlying issues. He cautioned against imposing solutions, emphasizing that mediators must remain detached from outcomes and focus on facilitating dialogue. He shared an example of an adverse possession dispute resolved not through legal arguments but by addressing a party’s need for acknowledgment, illustrating the importance of patience and curiosity in uncovering true interests.

The Q&A session concluded with gratitude expressed to Mr. Katona for his engaging and insightful responses, which provided practical guidance and deepened the audience’s appreciation of mediation’s complexities. The session underscored mediation’s role as a disciplined, empathetic, and strategic process for resolving disputes across various contexts.

The Guest Lecture concluded with a Vote of Thanks proposed by Mr. Ayaan Ur Rehman. Sincere gratitude was extended to Christ University for providing a dynamic platform for intellectual discourse on practical mediation strategies. Appreciation was also conveyed to the Centre for East Asian Studies for their meticulous organization and commitment to fostering meaningful dialogue. Special thanks were expressed to Mr. David Katona for his insightful presentation and engaging interaction with the audience, enriching the understanding of mediation across diverse academic perspectives.