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INTERNATIONAL LAW SCHOOL MEDIATION TOURNAMENT

Sponsored by

 The International Academy of Dispute Resolution

 

Tournament Home

 

RULES OF THE TOURNAMENT

1.  Introduction

 

Because of the growing importance of mediation throughout the world, this international competition is designed to help law students better understand the mediation process and its importance to the practice of law.  The primary difference between this tournament and others is that it requires students not only to participate as attorney/clients but just as importantly as mediators.

 

An important component of the tournament is the training provided students on Thursday afternoon and Friday morning of the tournament weekend, in mediator skills and attorney/client advocacy.

 

2.  Team Orientation

 

Every effort will be made to insure that the rules and cases are clear.  All participants will be afforded the opportunity to ask questions at the orientation session.  The tournament director will have complete discretion in answering questions related to the cases and rules. 

 

3.  Team Composition

 

A team may have three students.  In each round, one student participates as mediator and the other two as attorney/client.  In the three preliminary rounds, each student must act as mediator, attorney, and client.  If a team reaches the championship round, it can decide who will act as mediator.

 

Each round includes co-mediators who are from different schools.  There is also an attorney/client team representing the plaintiff side, and an attorney/client team representing the defense side.  The co-mediators and the attorney/client teams are all from different schools.  Co-mediators will not mediate for their own schools in any round, including the final round.

 

4.  Format 

 

On Wednesday and Thursday of the tournament week, there is a training session for mediators.  On Friday morning there is a training session for attorney/client advocacy.

 

There are three preliminary rounds - Friday afternoon, Friday evening and Saturday morning.  After completing the preliminary rounds, the three mediator scores for each team are added up and the top four teams qualify for the finals Saturday afternoon (one student per team will participate as mediator).  Likewise, the top four attorney/client teams will participate in the finals.  See Section 14 below.

 

5.  Scoring

 

Mediators and attorney/client teams are separately scored.  Both are scored in six categories, receiving 0-10 points in each.  The categories for mediators are:  (1) Opening Statement of the Mediator; (2) First Caucus; (3) Qualities Of A Good Mediator; (4) Active Listening and Creativity; (5) Cooperation Between Mediators; and (6) Self Evaluation.  The categories for attorney/client teams are: (1) Attorney’s Opening Statement; (2) First Caucus; (3) Strategy, Tactics and Creativity; (4) Teamwork Between Attorney and Client; (5) Overall Evaluation; and (6) Self Evaluation. 

 

6.  Mediators

 

Each mediator must make opening remarks of no more than four minutes.  The mediators can decide who goes first and whether they will coordinate their remarks or make them independently.  The judges understand that the co-mediators’ remarks may be quite similar.  Each co-mediator must conduct a caucus during the mediation—it can be immediately after the parties’ opening statements or later, at the mediators’ discretion. The co-mediators can decide who will conduct the first caucus and with which party, but each mediator must conduct the first caucus with a different party. The co-mediator not conducting the caucus will observe and may ask clarifying questions at the end of the caucus.  Thereafter, the co-mediators can use a conference or caucus format as they wish.  The mediators should try to ensure that caucuses are not used by parties to create unfair competitive advantage—e.g., by staying in caucus for extended periods of time so that the other attorney/client team is deprived of time in front of the judges.  The mediators are responsible for ensuring that caucus time is used effectively.

 

7.  Attorneys and Clients

 

The attorneys will each offer a brief summary of the facts and their client’s goals for the mediation after the mediators’ openings.  The clients may be offered an opportunity to speak briefly during this time, and may contribute as appropriate throughout the mediation.  During the balance of the mediation, whether in caucus or conference, the attorneys and clients should work together and with the mediators to achieve the clients’ goals.  The attorneys and clients should act realistically and professionally in the spirit of mediation.

 

8.  Judges

 

There are two judges for each round.  The judges will score independently of each other.  Judges are provided a statement of the case as well as the confidential statements provided each party.  Students may not at any time confer with the judges until their ballots have been turned in.  Thereafter the judges may provide a short critique.

 

9.  Cases To Be Mediated

 

In each round the same case will be used for all mediations.  The case packet will include a common set of facts disclosed to both sides and the co-mediators and a separate confidential fact sheet given to each side.  The mediators will not receive the confidential fact sheets.  Each of the three preliminary rounds and the final round will involve different cases.

 

10.  Timekeeping

 

Responsibility rests with the student participants for timekeeping and adherence to the allotted time periods.  Each mediation is limited to 105 minutes.  Preparation for Self Evaluation is limited to 5 minutes, and each Self Evaluation is limited to 5 minutes.

 

11. Self  Evaluation

 

Each participant will have five minutes to discuss these questions at the conclusion of the mediation:  A) If you had to do the mediation over again, what would you do the same or differently?  B) What were your goals and strategies coming into the mediation and how did they play out during the mediation?  There will be a five-minute preparation period at the conclusion of the mediation, then each participant should speak to the judges outside the hearing of the other competitors.  The order of self evaluation will be determined by the judges.

 

12.  Permissible Assistance

 

Faculty and other coaches may confer with their students up until the mediation commences.  Thereafter, they may not give any advice or instructions to, or attempt to communicate in any way with, any of the participants until the conclusion of the Self Evaluation.  Coaches may observe the mediations in which their teams are participating.  They may not scout other teams.  Violation of this rule could result in loss of points or even disqualification.

 

13.  Staying Within the Record

 

While teams may draw reasonable inferences from the facts provided, they are cautioned to stay within a reasonable range of inference.  They should not invent material self-serving facts. If a judge feels a team has gone beyond a reasonable inference, she/he may score the team accordingly.

 

14.  Advancing to the Final Round

 

The top four mediation teams and top four advocate/client teams will advance to the final round.  Advancement to the final round will be based first on the number of judge ballots won by each team (maximum of 6), and second (in the event of a tie) by the margin of victory of the team, determined by comparing the co-mediator scores and/or advocate/client scores on each ballot for any team tied with another team for a position in the final round.  In the final round, co-mediators from the same school may not be in the same room, and no mediator may mediate for an advocate/client team from his/her school.  The final position of the teams will be determined by the number of ballots won and the margin of victory in the final round. Any remaining ties will be broken by comparing total scores.

 

15.  Awards

 

The top ten individual mediators will be given All World honors and awarded trophies after the preliminary rounds.  The top ten attorney/client teams will also be given All World honors and awarded trophies after the preliminary rounds.  The top four mediation and advocate/client teams will be awarded team trophies, one through four, after the final round.

For more information, please contact Susan Ewing at 515-283-0331 or email amta@dwx.com.

 

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