A Mediation is a process in which the parties to a dispute, with the assistance of a dispute resolution practitioner (the mediator), identify the disputed issues, develop options, consider alternatives and endeavour to reach an agreement. The biggest difference in mediation when compared to other competitions is the involvement of the mediator in the process. A Mediation Session will consist of the Mediator and two Competing Teams, with two Team members (Client and Counsel) on each side representing the Requesting Party and the Responding Party. Each party receives a set of common facts with each party also receiving their own confidential facts. Teams will work through the issues identified in the problem with the mediator in to meet their client’s and the party’s mutual interests. Adapting to the interests of the other party while also advocating for your own client’s interest is an important part of mediation. Teams also prepare mediation plans which guide their mediation strategy and will be submitted to judges to be scored. The UQLS Internal mediation competition will be run in accordance with the International Chamber of Commerce Mediation rules.
With the rise of Alternate Dispute Resolution (ADR), mediation skills are a necessary part of a law students’ professional development. Mediations are often court ordered or a prerequisite in commercial contract disputes. Commercial mediations do differ significantly from family and civil matters. However, the importance of building relationship with the other party and the ability to identify the key interests in a dispute are transferrable skills across all areas of conflict resolution. There are also opportunities to compete in international mediation competitions to develop your cross-cultural skills.
See an example Mediation Plan here.
