Interviews
#ThePrivateCaucus:Conversations in Confidence
Interview Series:
Gary Gao, Mediator; Partner, Zhong Lun Law Firm
In this #ThePrivateCaucus: Conversations in Confidence interview, we feature Gary Gao, Partner at Zhong Lun Law Firm. A former judge with over 30 years of experience, Gary is a leading authority in cross-border arbitration and the first lawyer from mainland China to serve as Deputy Editor of the IBA’s Dispute Resolution International.
Dually trained in PRC law and English common law, Gary specializes in navigating the cultural and jurisdictional nuances of global commerce. His deep institutional expertise including roles with the ICC, SIAC, and HKIAC makes him a vital voice on the Maxwell Challenge Organizing Committee.
In this conversation, Gary moves beyond scripted legal exercises to discuss the analytical agility required for international practice. He shares why, in high-stakes disputes, the most durable resolutions are rarely just about the law.
Read the full interview below:
Q: How does your approach to mediation shape the way you achieve effective and sustainable resolutions?
Nearly three decades of frontline experience in cross-border dispute resolution — spanning international arbitration, commercial litigation, government investigations, and compliance matters across multiple jurisdictions — has taught me one fundamental truth: The most durable resolutions are not simply legal victories — they are human agreements built on mutual understanding.
Several principles that guide my practice:
- Cultural and jurisdictional fluency
In cross-border disputes, parties often speak different legal languages. My dual training in PRC law and English common law and my extensive work with arbitration institutions has made me sensitive to how cultural context shapes negotiation style, risk tolerance, and what “fairness” means to each party. An effective mediator must bridge those gaps, not paper over them.
- Creative problem-solving
In one of my cases involving a major international dispute, we introduced an expert determination mechanism — a form of ADR rarely applied in that context — which ultimately broke the deadlock and delivered a result neither party had initially envisioned, but both could commit to. The willingness to think beyond conventional frameworks is essential.
- Trust as the foundation of process
Particularly in cases involving criminal exposure, regulatory risk, or cross-border government investigations — areas where I have worked extensively — parties are often anxious and defensive. A mediator must create a space where candor is possible. That means demonstrating not just legal competence, but genuine discretion and integrity.
Q: From your perspective, what are some of the key considerations the Committee keeps in mind when designing the competition?
Designing a mediation competition like the Maxwell Challenge is itself an exercise in the values we seek to instill. From my experience both as a practitioner and as a member of international dispute resolution institutions, the Committee is guided by several overarching considerations:
- Realistic case
The problem scenario must reflect the complexity of real-world disputes — multi-party dynamics, cultural tensions, incomplete information, and competing interests — without being so complicated that they obscure the teaching objectives. We expect students to feel the texture of a real mediation, not merely perform a scripted exercise.
- Cross-jurisdictional and cross-cultural dimensions
Maxwell Chambers sits at the heart of one of the world’s most important dispute resolution hubs — Singapore. The competition should reflect that international character. Scenarios that involve parties from different legal systems, business cultures, or regulatory environments push participants to develop the kind of sophisticated, contextual judgment that defines elite dispute resolution practitioners.
- Accessibility and inclusivity
A well-designed competition should be open to students who have not yet had the benefit of practical exposure. The preparatory materials, coaching framework, and problem structure should allow a motivated student from any background to compete meaningfully — because the skills we are testing are ultimately human skills, not the privilege of those with early access to law firm internships.
Q: What key professional skills does the Maxwell Challenge aim to cultivate, and why are they essential for effective dispute resolution?
The Maxwell Challenge is, at its best, not a competition about who can perform mediation most convincingly — it is a training ground for the kind of lawyer or dispute resolution professional who can genuinely change outcomes for clients and institutions. In my humble insight, the skills may include, but not limited to:
- Communication precision and adaptability
Effective dispute resolution requires the ability to communicate the same substantive point in multiple registers — to a sophisticated general counsel, a first-generation entrepreneur, a government official, or an international arbitration tribunal. Students must learn that clarity, tone, and timing are not soft skills but strategic instruments.
- Analytical agility under uncertainty
Real disputes do not come with complete information. The Maxwell Challenge trains students to make reasoned judgments with imperfect facts — to identify what is truly in dispute, what is merely positional noise, and where the real zone of possible agreement lies. This analytical discipline is foundational to all forms of dispute resolution.
- Emotional intelligence and composure under pressure
Mediation can be emotionally charged — particularly when parties have suffered real loss, or when significant reputations or relationships are at stake. The competition simulates that pressure. Students who can remain calm, curious, and constructive when a session appears to be breaking down are demonstrating a maturity that transcends legal knowledge.
These above reflections are offered in the hope that participants in the Maxwell Challenge will leave not merely with a trophy, but with a deeper conviction that dispute resolution is one of the most consequential contributions a lawyer can make to business and society.
