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 to five students. In each round, only three
students participate – one as mediator and the other two as
attorney/client. In each of the three preliminary rounds, a different
student must act as mediator. 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.
4. Format
On Thursday afternoon of the tournament weekend, 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.
5. Scoring
Mediators and attorney/client teams are separately scored. Both are
scored in five 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; and (5) Cooperation Between Mediators. 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; and (5) Overall Evaluation. In scoring the
co-mediators, each must make opening remarks of no more than four
minutes. (They can flip as to who goes first.) The judges understand
that their remarks may be quite similar. Each co-mediator then does a
required first caucus. The co-mediator making the second opening remarks
takes the first plaintiff caucus, and the other co-mediator the first
defense caucus. (The co-mediator not conducting the caucus may observe.)
Thereafter, the co-mediators can use a conference or caucus format as they
wish.
6. Judges
There are two judges for each round. The judges will score independently
of each other and will not confer. 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.
7. 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.
8. Timekeeping
Responsibility rests with the student participants for timekeeping and
adherence to the allotted time periods for mediation sessions and breaks.
Each mediation is limited to two hours.
9. 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. 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.
10. 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. If a judge
feels a team has gone beyond a reasonable inference, she/he may score the
team accordingly.
11. Awards
The top ten individual mediators will be given All American honors and
awarded trophies. The top ten attorney/client teams will also be given
All American honors and awarded trophies. The top four teams with
combined mediator and attorney/client scores will be awarded team
trophies, one through four.
