Mediator

My approach

A central part of my work is helping people shift their focus from what has happened to what can still be shaped. In many disputes, parties arrive with a detailed account of the past, often precise and deeply felt. That history matters. But mediation becomes productive when attention turns to what each person needs now, and what they are prepared to build going forward.

For that reason, the objective of mediation is not settlement at any cost. An agreement that is rushed or extracted under pressure rarely holds. What matters is that the outcome makes sense to those who must live with it professionally, practically, and sometimes personally. The role of the mediator is not to push, but to create the conditions for sound decision-making.

What I do differently

I design each mediation with precision
No two disputes are identical, and mediation should reflect that. I invest significant time upstream to understand the institutional context, the stakeholders, and the dynamics at play. This preparation allows me to structure a process that is tailored, not only to the subject matter of the dispute, but to the way the parties work, communicate, and make decisions. It is often at this stage that the conditions for resolution are quietly set.

I work in complementarity with legal counsel
Mediation is distinct from legal representation, and that distinction must remain clear. Lawyers advise, defend, and negotiate in the interests of their clients. My role is to create a framework in which that work can be carried out effectively. This means ensuring that exchanges are structured, that information circulates appropriately, and that each participant can engage fully in the process. Respecting these roles is not a formality—it is what allows the process to function with coherence and trust.

I privilege direct and structured dialogue
While separate meetings can be useful at certain moments, they are not the core of my approach. Whenever possible, I encourage direct exchanges - whether between parties, between counsel, or in carefully prepared joint sessions. Direct communication reduces distortion, allows for immediate clarification, and supports more nuanced understanding. It also helps each participant remain actively engaged in the negotiation, rather than delegating it entirely to intermediaries.

I maintain a clear framework for confidentiality and responsibility
Clarity around what is shared, what remains confidential, and who is responsible for decisions is essential. Rather than acting as a simple conduit for messages, I help participants communicate in a way that preserves both precision and trust. This reduces misunderstandings and ensures that the process remains both rigorous and reliable.

At the heart of my approach is a simple principle: mediation is most effective when it enables people to engage directly, think clearly, and decide consciously.

Areas of Expertise

Workplace mediation and conflict coaching
In workplace mediation, I intervene in organizations facing tension, breakdowns in trust, or escalating disputes between colleagues, teams, or between staff and their institution. These mediations often involve multicultural and multilingual environments, particularly within international organizations such as the OECD, where cultural norms, hierarchies, and communication styles intersect.

The issues range from deteriorating relationships and communication problems to allegations of discrimination, harassment, or unfair treatment, and more broadly to situations where cooperation has given way to mistrust. My work includes not only facilitating mediation but also providing conflict coaching to staff and managers, helping them read the dynamics of conflict and make more deliberate choices about how they respond.

Administrative and public disputes
My background as an administrative judge has given me a deep understanding of public law disputes and the sometimes destructive dynamics that can arise between citizens, companies, and public authorities. Today, as a mediator, I work on public disputes involving States, local authorities, and public bodies, where the stakes are legal, institutional, and human at once.

These cases can concern public procurement, construction and public infrastructure, urban planning, and relationships between administrations and users.

Commercial and organizational conflicts
Beyond public disputes, I intervene in conflicts affecting businesses and professional structures, where governance, strategy, and relationships between partners or departments are in tension. These situations can involve disagreements over contractual obligations, partnership breakdowns, or complex projects where multiple actors - public and private - must renegotiate their way forward.

My role is to help these organisations articulate their interests clearly, understand the constraints on each side, and build solutions that are viable both legally and operationally. This often requires navigating different professional cultures and expectations while maintaining a clear structure for dialogue and decision-making.

Patents and innovation disputes
In the field of intellectual property and innovation, I serve as a neutral for the Patent Mediation and Arbitration Centre of the Unified Patent Court (PMAC), a specialised institution dedicated to resolving patent disputes through mediation, arbitration and other ADR processes. The PMAC, based in Ljubljana and Lisbon, offers parties a confidential, flexible framework to address complex patent issues within the broader Unified Patent Court system.

Within this context, my role is to act as an independent, accredited neutral, helping parties explore settlement options around high-stakes patent conflicts—often involving cross-border portfolios, licensing strategies, and technology-driven business models—without losing sight of the legal and technical complexity of their cases. This work builds on my broader mediation expertise while situating it in a highly specialised environment at the heart of the European patent architecture.

Elsa Costa

Mediator - Trainer - Author