While I have a University qualification in ‘Psychology’, as I studied Psychology as one of my two subsidiary subjects during the 1st year of my Law and Political Science degree as an undergraduate, and following examination that year, the ‘Psychology’ subsidiary formed part of my degree award, I do not think that  Commercial Mediators need to excel in a course about Psychology in order to master key Mediator skills. It helps, but it is not necessary.

An insight I have recently gained about Commercial Mediation is the benefit of explaining to each participant in a pre-Mediation Day Zoom call, that until you as the Mediator are permitted ‘enquire’ and ‘drill-down’ in confidential private sessions with each participant separately, about what they each want, need, prioritise and why, that it is impossible – except by accident rather than by ‘design’, for a Mediator to nudge the participants in the direction of a mutually satisfactory commercial outcome.

In a pre-Zoom Mediation Zoom call, a Mediator can also explain that in order to help each participant to think their objectives through, that he will be asking each participant on the Mediation Day, for permission to play ‘Devil’s Advocate’, by asking ‘reality-testing’ questions.

When a Mediator does this, he is not ‘taking sides’. He is trying to help each participant to think about and focus upon, how the other participant is likely to evaluate the ‘litigation risks’ if a settlement is not reached, and the dispute proceeds to trial.

This process enables each participant to calculate a ‘price for doing a deal’ that is commercially ‘enough’ for them, i.e. based upon ‘realistic wants, needs, and priorities’.

A knowledge of Psychology is valuable, and Part 1 of my next book – ‘Mediation of Art Music & Performer Disputes’ (see the Chapter structure on the ‘My next book’ page at www.carlislam.co.uk) is headed the – ‘Psychology of Conflict & Dispute Resolution.’

Linked to a knowledge of Psychology is an awareness of:

(i) Cognitive errors;
(ii) Body Language; and
(ii) Culture,

which I will discuss in the book.

See also my recent post: – ‘The 1st draft outline Chapter Structure for my next book – “Mediation of Art Music & Performer Disputes” has been posted on the “My next book” page at www.carlislam.co.uk (25.05.2025). https://lnkd.in/eF97dYzA