Teaching Professional Skills through Mediation

Competitions2013 MAPLA Conference, St. Louis, MO

Richard Calkins, Drake Law SchoolKenneth Frank, Brenau University

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

Purpose of Mediation Tournaments

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.

Team Composition

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. 

Opportunity for building relationships.

Round Set-Up

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

Training is offered by seasoned mediators and other dispute resolution professionals.

Training Opportunities

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 eight teams qualify for the semi-finals Saturday afternoon (one student per team will participate as mediator). 

Similarly, the top eight advocate/client teams will participate in the semi-finals. 

Format of Tournament

After completing the semi-final rounds, the top four mediation scores will qualify a team for the finals round Saturday evening (one student per team will participate as mediator). 

Similarly, the top four advocate/client teams will participate in the finals round. 

After the finals round, the top mediator and top advocate awards are announced.

Format of the Tournament

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 semi-final and final rounds will involve yet different cases.

Cases to be Mediated

Mediators and attorney/client teams are separately scored. 

Both are scored in five categories, receiving 0-10 points in each. 

Two Judges are used for each round and each of the judges has a separate ballot for the mediators and the advocate/client pairs.

Judges are seasoned mediators and other dispute resolution professionals.

Scoring of Competitions

The categories for mediators are:  ◦ (1) Opening Statement of the Mediator; ◦ (2) First Caucus; (to be conducted by one of the

two co-mediators)◦ (3) Qualities Of A Good Mediator; ◦ (4) Active Listening and Creativity; and◦ (5) Cooperation Between Mediators.

Scoring Categories for 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. 

At invitational tournaments there is a sixth element, opportunities for self evaluation which is consistent with the focus on training.

Scoring Categories for Advocate/Clients

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? 

Self Evaluation at Invitational Tournaments

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. 

If caucus mediation is being used, 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.

Mediators’ Processes

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 are responsible for ensuring that caucus time is used effectively.

Some rounds are in conference format only—no caucus.

Mediators’ Processes continued

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, 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.

Advocate/Client Processes

There are two judges for each round.  The judges will score independently of each other.  Judges are provided ballots, statement of the case as well as the confidential statements provided each party. 

Judges attend training prior to the rounds to understand the judging process.

Students may not at any time confer with the judges until their ballots have been turned in.  Thereafter the judges may provide a short verbal critique to participants.

Judging Processes

While teams may draw reasonable inferences from the facts provided, they are cautioned to stay within a reasonable range of inference. 

Teams 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.

Staying within the Facts and Spirit of the Cases

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 scores each ballot.

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. 

Advancing to the Final Mediation

The top ten individual mediators will be given honors and awarded trophies after the preliminary rounds. 

The top ten individual attorney/client teams will also be given honors and awarded trophies after the preliminary rounds. 

The top ten mediation and advocate/client teams will be awarded team trophies after the final round.

Awards

Law School tournaments have included international schools for several years.

The Law School Tournament has been held in England and Ireland—with U.S. host sites alternating with international host sites

Undergraduate tournament will include international competitors for the first time this year.

Training tournaments in India, Dubai and other countries.

International Expansion

Newest change for this year is the inclusion of conference style mediation for one of the preliminary rounds.

No use of caucuses during the round, the mediators, advocates and clients all stay at the table.

Training given to participants on transformative mediation and conference style meditations—a step to include international teams who use the conference style in their own countries.

Caucus and Conference Mediation

These competitions expose students to mediation who may otherwise never have the opportunity to acquire peacemaking skills

Students learn to think like mediators as well as advocates

Students are able to use/gain life skills. Students form friendships with competitors

across school, state and national boundaries.

Students already possess these skills before matriculating to law school.

The Professional Skills Offered Through Mediation Tournaments

Mission Statement "One Hope.....One Goal.....Peacemaking"

It is the mission of the International Academy of Dispute Resolution to encourage Society to resolve differences and disputes in a more sensitive and compassionate manner; and to promote peace and civility in human behavior.

http://www.adrpeacemaking.org/default.htm 

InterNational Academy of Dispute Resolution