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.
