ICC International Mediation Competition Rules

Competition Rules 2013
8th ICC INTERNATIONAL COMMERCIAL

MEDIATION COMPETITION
COMPETITION RULES
8 February 2013 - 13 February 2013

38 cours Albert 1er
75008 Paris
France
-1
International Chamber of Commerce, 2012.
International Chamber of Commerce
TABLE OF CONTENTS
COMPETITION RULES .............................................................................................. 6
Rule 0.0
Definitions .............................................................................................. 6
Rule 1.0
Organization of the Competition ............................................................ 9
Rule 1.1
Introduction........................................................................................ 9
Rule 1.2
Language ........................................................................................ 10
Rule 1.3
Format ............................................................................................. 10
Rule 2.0
Mediation Session Procedures ............................................................ 10
Rule 2.1
General Procedures ........................................................................ 10
Rule 2.1.1 Timing .............................................................................................. 11

Rule 2.1.2 Breaks .............................................................................................. 11
Rule 2.1.3 Caucuses ......................................................................................... 11
Rule 2.1.4 Appropriate use of Caucuses ........................................................... 12
Rule 2.2
Judging Criteria ............................................................................... 13
Rule 2.3
Mediators and Judges ..................................................................... 13
Rule 2.4
Timekeeping .................................................................................... 13
Rule 2.5
Governing Law ................................................................................ 13
Rule 2.6
Exhibits and Props .......................................................................... 14
Rule 2.7
Permissible Assistance to Teams.................................................... 14
Rule 2.8
Prohibited Assistance ...................................................................... 14
Rule 2.9
Observers ........................................................................................ 14
Rule 2.10
Judges Scoring ............................................................................... 15
Rule 2.11
Feedback......................................................................................... 16
Rule 2.12
Communication between Participants ............................................. 16
Rule 2.13
Winning the Preliminary Rounds ..................................................... 16
Rule 2.14
Ranking of Teams ........................................................................... 17
Rule 2.15
Scores and Ranking provided to the Teams.................................... 17

-2-
Rule 3.0
Mediation Plan ..................................................................................... 17
Rule 3.1
Submission of Mediation Plans for Scoring ..................................... 17
Rule 3.2
Submission of Mediation Plans for the Judges ................................ 18
Rule 3.3
Scoring of the Mediation Plans ........................................................ 18
Rule 4.0
Competition Problems ......................................................................... 18
Rule 4.1
Problems ......................................................................................... 18
Rule 4.2
Clarifications and Interpretation of the Problems ............................. 19
Rule 4.3
Staying within the Record ................................................................ 19
Rule 5.0
Participation and Eligibility ................................................................... 19
Rule 5.1
Selection Criteria ............................................................................. 19
Rule 5.2
Attendance ...................................................................................... 20
Rule 5.3
Eligible Students.............................................................................. 21
Rule 6.0
Team Application and Registration ...................................................... 21
Rule 6.1
Application online ............................................................................ 21
Rule 6.2
Registration Fee .............................................................................. 22
Rule 6.3
Team Contact .................................................................................. 22
Rule 7.0
Judges and Mediators ......................................................................... 22
Rule 7.1
Statement of Independence ............................................................ 22
Rule 7.2
Coaches .......................................................................................... 23
Rule 7.3
Confidential Information .................................................................. 23
Rule 8.0
Penalties and Disqualification .............................................................. 23
Rule 8.1
Application of Penalties and Disqualification ................................... 23
Rule 9.0
Awards................................................................................................. 23
Rule 10.0
ICC Organizing Committee .................................................................. 24
Rule 10.1
Power to take Additional Measures ................................................. 24
Rule 10.2
Interpretation of Rules ..................................................................... 24
-3
ANNEXES
ANNEX I
SCORE SHEETS....25
A. Mediation Score Sheet..25
B. Special Award Score Sheet..28
C. Mediation Plan Score Sheet.29
ANNEX II
INSTRUCTIONS FOR PARTICIPANTS .............................................. 30

A. Rules............................................................................................... 30
B. Mediator .......................................................................................... 30
C. Mediation Plan ................................................................................ 30
D. Feedback Session .......................................................................... 31
ANNEX III
INSTRUCTIONS FOR MEDIATORS ................................................... 32

A. General Information ........................................................................ 32
B. Picture of Mediators Role ............................................................... 33
1. Phase Model of Interest-Based, Facilitative Mediation ...... 34
2. Resulting Mediator Roles ................................................... 35
C. Flowchart of Mediation Process ...................................................... 37
D. Mediators Intervention Crib Sheet .................................................. 37
1. Reframing .......................................................................... 37
2. Questioning ........................................................................ 38
2.1 In Mediation .......................................................... 38
2.2 In Caucus.............................................................. 38
2.3 Deeply Honest Questions.................................... 39
2.4 What If Questions ................................................ 39
3. Summarizing ...................................................................... 39
4. Activating Parties Creativity .............................................. 40
5. Reality Testing ................................................................... 40
6. Promoting Empathy ........................................................... 40
-4-
7. Collaboratively Re-Formulating Positions into Interests ..... 40

8. Offering Space for Visualizing the Conflict ......................... 41
ANNEX IV
INSTRUCTIONS FOR JUDGES.......................................................... 42

A. General Information ........................................................................ 42
B. Judges Scoring Guidelines ............................................................. 44
1. What is being marked? ...................................................... 44
2. Consistency........................................................................ 44
C. Judges Feedback Guidelines ......................................................... 45
1. Feedback ........................................................................... 45
2. Method for Delivery of Oral Feedback to Each
Competing Team Following the Mediation ......................... 46
3. Examples of Feedback Using this Method ......................... 47
D. Judges' Feedback Aide Mmoire ...50
-5
COMPETITION RULES
RULE 0.0
DEFINITIONS
The following terms have the corresponding meanings:

ADR means Amicable Dispute Resolution, as provided by ICC.
ADR Rules means the ICC ADR Rules.
BATNA means Best Alternative to a Negotiated Agreement, and refers to what
is the best thing a Party can do, without the consent of the other Party,if the
Parties fail to reach an agreement.
Break means a 3 minute period of time that can be requested once by each
Competing Team in each Mediation Session and during which the overall time
of the Mediation Session continues to run.
Brief Biography means each Team members written biography also indicating
his/her nationality, native language and including a picture. The Brief Biography
can have a maximum of 100 words.
Caucus means a separate meeting between the Mediator and a Competing
Team.
Coach means the one person selected by a Team or the Team's university to
act as that Team's coach who is permitted to accompany the Team to the
Competition.
Confidential Information means the background factual information of the
Problem for the exclusive use of a Party and the Judges but not the Mediator.
Competing Team means the two students from one Team competing in one
specific Mediation Session in the role of Counsel and Client.
Competition means the 2013 ICC International Commercial Mediation
Competition.
-6 International Chamber of Commerce, 2012.
Counsel and Client refer to the roles taken respectively by two members of a
Team during each Mediation Session; together they are referred to as the
Competing Team or as the Party.
Cross-Caucus means a separate meeting between the Mediator and both
Counsels or a separate meeting between the Mediator and both Clients of the
Competing Teams.
Drafting Working Group refers to the group, selected by the Organizing
Committee, in charge of drafting the Problems for the Competition.
Eligible Student means a person who meets the criteria defined in Rule 5.3.
Final Rounds means the Eighth-Finals, Quarter-Finals, Semi-Finals and the
Final.
General Information means the background factual information of the Problem
for the use by each Party, the Judges and the Mediator.
ICC means the International Chamber of Commerce headquartered in Paris.
Judge means a professional mediator selected by the Organizing Committee
who evaluates and scores the students performance during a Mediation
Session in accordance with the Judges scoring guidelines, as provided in
Annex IV.B.
Judging Criteria means the criteria set out in the Score Sheet.
Law Student means an Eligible Student studying law.
Mediation Plan means each Teams written case analysis referred to in
Rule 3.0.
Mediation Plan Score Sheet means the document in accordance with the
sample set out in Annex I.C.
Mediation Session means the timeframe of 150 minutes as described in
Rule 2.1.
Mediation Session Supervisor means a person appointed by the Organizing
Committee to keep time during a Mediation Session.
-7
Mediation means the timeframe of 85 minutes for the actual mediation

between the two Competing Teams as described in Rule 2.1.
Mediator means a professional mediator selected by the Organizing
Committee to take the role of mediator during a Mediation.
Organizing Committee means the official ICC group in charge of organizing
and managing the Competition. Its members are mostly part of the
ICC International Centre for ADR.
Penalties means points deducted for any Rule violation pursuant to Rule 8.1.
Prohibited Assistance means advice, instructions, or other communication to a
Team that is not in compliance with Rule 2.8.
Preliminary Rounds means the eliminatory phase of the Competition prior to
the Final Rounds.
Problem means an official international commercial dispute case distributed by
the Organizing Committee, as supplemented or corrected by any Problem
Clarifications, which Teams will endeavor to resolve with the help of the
Mediator during the Mediations.
Problem Clarifications means the official clarifications or corrections of the
Competition Problems, as published pursuant to Rule 4.2.
Problem-Solving Approach means an approach to mediation in which
participants ascertain each others interests, brainstorm options and seek to
create a solution that meets their interests and needs better than their BATNA.
Professional means a volunteer mediator who is selected by the Organizing
Committee to act as Mediator or Judge in the Competition.
Requesting Party and Responding Party mean respectively the Competing
Team which argues on behalf of the party requesting mediation and the party
responding to the request for mediation respectively at any given point in the
Competition (each a Party).
Rules mean these Competition Rules.
-8 International Chamber of Commerce, 2012.
Score Sheet means the document in accordance with the sample set out in
Annex I.A.
Special Award Score Sheet means the document in accordance with the
sample set out in Annex I.B.
Team means a group of 2 to 4 Eligible Students accepted by the Organizing
Committee to participate in the Competition.
WATNA means Worst Alternative to a Negotiated Agreement, and refers to
what a Partys worst case scenario would be if the Parties fail to reach an
agreement.
RULE 1.0
Rule 1.1
ORGANIZATION OF THE COMPETITION

Introduction
ICC has over 90 years experience in devising rules to govern and facilitate the conduct
of international business. These rules include those designed to resolve the conflicts
that inevitably arise in business relations. ICC offers a wide range of dispute resolution
rules for business disputes, including the ICC Rules of Arbitration, the ICC ADR Rules,
the ICC Rules for Expertise and the ICC Dispute Board Rules. Details of the dispute
resolution services offered by ICC are to be found on its website www.iccadr.org.
The ICC ADR Rules govern the proceedings in cases where the parties wish to settle
their dispute amicably. Pursuant to the ICC ADR Rules, the parties are free to choose
the amicable settlement technique most suited for their dispute. In practice, most
parties to proceedings under the ICC ADR Rules opt for mediation as their chosen
settlement technique. Furthermore, Article 5 of the ICC ADR Rules provides for
mediation as settlement technique should the parties not agree otherwise.
The Competition assumes that the Parties did not agree on another amicable
settlement technique under the ICC ADR Rules and chose mediation.
The focus of the Competition is the effective combination of the use of the Mediator,
collaborative problem-solving skills and presentation of the Parties' interests to
progress towards a settlement. It is ICCs hope that the Competition will encourage the
teaching and learning of an effective use of mediation so that tomorrows business
people and legal practitioners can better meet the dispute resolution needs of an
increasingly cross-cultural global market.
-9
Rule 1.2
Language
The official and only language of the Competition is English.

Rule 1.3
Format
The Competition consists of four Preliminary Rounds on the first three days of the
Competition and the Final Rounds on the last two days of the Competition.
During the Preliminary Rounds, each Team will, in principle, compete at least once per
day. Save for exceptional circumstances, every Team will compete on every Problem
only once. Depending on the Competition schedule, a Team may participate in two
Mediation Sessions, each with a different Problem, in one day.
As to the Final Rounds, the Teams will compete on the four Problems assigned,
respectively, to the Eighth-Finals in the morning of the fourth day, the Quarter-Finals in
the afternoon of the fourth day, the Semi-Finals in the morning of the fifth day, and the
Final in the afternoon of the fifth day.
A Mediation Session will consist of two Competing Teams, with two Team members
(Client and Counsel) on each side representing the Requesting Party and the
Responding Party respectively, as well as the Mediator and two Judges in the
Preliminary Rounds and three Judges in the Final Rounds.
Each university may nominate two to four students to participate in a Team. Each
Team can be accompanied by one Coach.
Due to logistical restraints, no Team is permitted to invite observers other than
its own Coach to attend the Competition or the Mediation Sessions, save as
arranged with the Organizing Committee.
RULE 2.0
Rule 2.1
MEDIATION SESSION PROCEDURES

General Procedures
In advance of the Competition, the Organizing Committee will randomly assign Teams
for the Preliminary Rounds (as Requesting Party or Responding Party). Every attempt
will be made so that no two Teams will compete against each other more than once
during the Preliminary Rounds.
In every Mediation, each Team will be represented by two students, with one (who
must be a Law Student) taking the role of Counsel and the other taking the role of
- 10 International Chamber of Commerce, 2012.
Client. These two students form the Competing Team for that Mediation Session. The
students in each Team are to determine amongst themselves who will take which role
and they may switch roles from one Mediation Session to the next. The role of
Counsel must, however, always be taken by a Law Student.
Rule 2.1.1
Timing
Each Mediation Session will run for a total of one hundred fifty minutes, eighty-five
minutes of which will be the actual Mediation and thirty minutes of which will be the
Judges and Mediators feedback to the Teams. The remaining Mediation Session time
will include five minutes for all participants to settle in, ten minutes for the Judges to
read the Teams Mediation Plans, five minutes for the Judges to score the Teams
Mediation Plans and fifteen minutes for Judges to work on the score sheets after the
Mediation. The timing of each session is illustrated below:
Total time for Mediation Session
= 150 min (2 hrs and 30 min)
Time to settle in the room
= 5 min (2 hrs 25 min remaining)
Time for Judges to read and score Mediation Plans = 15 min (2 hrs 10 min
remaining)
Mediation
= 85 min (45 min remaining)
Scoring
*Feedback
*Feedback: Twenty minutes feedback for the Judges and ten minutes for the Mediator.
The overall time allowance of 85 minutes for the Mediation continues to run during any
Caucus or Break.
Rule 2.1.2
Breaks
Each Competing Team may take one Break of no more than three minutes during the
Mediation Session. If a Competing Team calls for a Break, both Competing Teams
together with the Mediation Session Supervisor must leave the room during such
Break. Coaches and the other members of the Teams not participating orally in the
Mediation Session and all other persons must remain inside the room.
Rule 2.1.3
Caucuses
Caucuses (also known as private meetings) between the mediator and the parties
and/or their advisors can be helpful in mediation.
- 11
During each Mediation Session the Mediator and the Competing Teams may call for
Caucuses in accordance with the following provisions:
Each Caucus may last no longer than five minutes;
During any Caucus the Mediation Session Supervisor and the Competing Team or
the members of the Competing Teams not part of the Caucus shall leave the room,
the Judges, Coaches, other Team members and all observers will remain in the
room;
Caucuses can take place between the Mediator and both members of a Competing
Team (a Caucus);
Caucuses can also take place between the Mediator and either the Counsel from
both Competing Teams or the Clients from both Competing Teams (a CrossCaucus);
Each Competing Team may call for one Caucus with the Mediator during a
Mediation;
The Mediator may call for one Caucus with each of the Competing Teams during a
Mediation;
The Mediator only may call for one Cross-Caucus with the Counsel from each
Competing Team and one Cross-Caucus with the Clients from each Competing
Team during a Mediation.
Rule 2.1.4
Appropriate use of Caucuses
Competing Teams should call for a Caucus when they consider they need input from
the Mediator to progress the Mediation.
A Caucus should not be used to seek clarification of the Competition Rules or any
procedural matter. Examples of the appropriate use of a Caucus are when a
Competing Team:
a. Wishes to clarify an issue or issues within the dispute or otherwise seek advice or
guidance from the Mediator;
b. Wishes to share with the Mediator facts or information that are or might be relevant
to the progress of the mediation to determine how and when it might be best to
present such fact or information to the other Competing Team;
c. Wants to explore or make an offer or proposal and/or explore with the Mediator
how best to present it within the Mediation.
Rule 2.2
Judging Criteria
The Judging Criteria are applied to the performance of both the Counsel and Client in
the Competing Team.
The Competing Teams are encouraged to be realistic and required to be explicit about
their claims and to defend their interests strongly. Teams are not required to reach a
settlement during the Mediation Session, and no extra points will be gained from that.
Rule 2.3
Mediators and Judges
In each Mediation Session, a Professional will serve as the facilitative Mediator and
experienced professional mediators will serve as the Judges. The Judges will evaluate
and score the performance of the Teams according to the Judging Criteria. Every
attempt will be made for the Teams to face a different Mediator and different Judges in
each round; however, due to limited availabilities this might not always be possible.
The Organizing Committee is responsible for selecting the Mediators and Judges and
for allocating them to Mediation Sessions in each round of the Competition.
The Organizing Committee will use its best efforts to ensure that the Mediators and
Judges are neutral, independent and impartial from the Teams they are judging.
Rule 2.4
Timekeeping
Responsibility for timekeeping rests with the Mediation Session Supervisor during the
Mediation Sessions. The Mediation Session Supervisors decision on timekeeping is
final.
If no Mediation Session Supervisor is available for a Mediation Session, the Judges
are in charge of timekeeping.
Failure to adhere to time limits shall result in a penalty, as stated in Rule 8.1.
Rule 2.5
Governing Law
The Problems may refer to real or fictional places. However, and unless a Problem
explicitly indicates otherwise, for purposes of the Competition it is assumed that there
is no governing law and that the jurisdiction applies general principles of uniform
international commercial law.
- 13
Rule 2.6
Exhibits and Props
Teams may prepare in advance only one exhibit, limited to one page with type-written
print in 12-point font for each Mediation. Such page may include diagrams and/or
graphic representations. Copies of this page shall be handed to the Mediator and the
Judges when first produced by a Competing Team. Competing Teams are permitted to
write on this exhibit during the course of the Mediation. Competing Teams are
prohibited from using for general presentation or presentation to the Mediator any
other exhibits or papers prepared in advance including video, computers, or other
technology and displays, and failure to observe this Rule shall result in a penalty.
However, during the Mediation each Competing Team can bring its own prepared
notes for its own use and can, if need be, make its own notes on separate pieces of
paper. Each Competing Team can also bring a calculator if it wishes to do so.
Rule 2.7
Permissible Assistance to Teams
The Coach may advise and assist the Team in its planning and preparation for the
Competition, including in advance of the Final Rounds.
Rule 2.8
Prohibited Assistance
No person associated with a competing team, including the Coach, may give advice,
assistance or instructions to, or communicate or attempt to communicate with any of
the participants, and in particular not to the two students forming the Competing Team,
in any way, during the Mediation Session. Violation of this Rule, regardless of the
substance thereof, and regardless of whether initiated by a participant or by any other
person, will result in disqualification from the Competition of the whole Team with
which the person is associated. Harmless error will not be a defense to a complaint
based on violation of this rule.
Rule 2.9
(a)
Observers
Any person who is not a Team member, Coach, Mediator or Judge will not be
permitted to attend the Competition including Mediation Sessions, unless invited by

the Organizing Committee.
(b)
If space allows, Teams and Coaches may attend all Mediation Sessions during
the Competition, unless otherwise prohibited by the Organizing Committee (which will
organize access to the Mediation Sessions).
(c)
Teams and Coaches may not attend the Mediation Session of a Team against
which the Organizing Committee has assigned their Team to compete in future
Preliminary Rounds.
(d)
Teams and Coaches may not attend a Mediation Session during which a
Competition Problem is dealt with that has not yet been dealt with by that Team in a
Mediation Session (save where the Team has not qualified for the Round in question).
(e)
Observers will not be allowed to leave the room whilst the Mediation Session is
in progress.
(f)
Failure to comply with this rule will result in a disqualification as defined under
Rule 8.1.
Rule 2.10
Judges Scoring
At the beginning of the Mediation Session, the Judges will be granted fifteen minutes
to read and score the Competing Teams Mediation Plans by using the Mediation Plan
Score Sheet.
Only the other Judge(s), the Mediator and the Mediation Session Supervisor are
allowed to stay in the room while the Judges perform the scoring: everyone else must
leave the room.
Following the Mediation, the Mediator, the Teams, Coaches and observers shall leave
the room and the Judges will score the performance of each Competing Team in
accordance with the instructions set out in Annex IV and by using the Mediation Score
Sheet.
During the Preliminary Rounds, Judges shall also decide whether to nominate the
Competing Teams for one or more Special Awards by completing the Special Award
Score Sheet. The Mediation Session Supervisor shall remain in the room with the
Judges.
Thereafter, the Mediator, the Teams, Coaches, and observers will be invited to reenter the room.
- 15
Rule 2.11
Feedback
Each of the Judges will then provide feedback to each Competing Team, for no more
than 10 minutes each. Feedback will be based on each Competing Teams
performance in the Mediation.
The Judges feedback must be consistent with the Judges feedback guidelines in
Annex IV.C.
Judges must not reveal to any Team the results of their individual
determinations, the Teams scores or the contents of the Confidential
Information.
After the Judges feedback, the Mediator has 10 minutes to provide feedback to each
Competing Team, which must also be consistent with the Judges feedback guidelines
in Annex IV.C.
Rule 2.12
Communication between Participants
The Competition is an educational event that seeks to encourage the open exchange
of ideas, experience and know-how between students and Professionals from different
cultures, generations and backgrounds.
Accordingly, exchange and dialogue between Judges and Mediators with Teams
outside the Mediation Session is permitted and indeed encouraged, subject always to
the third paragraph of this Rule 2.11 and to respecting the principles of impartiality and
neutrality.
Professionals are invited to share their insights with students about a particular
Mediation Session or their practice in general.
Nevertheless, Professionals are under a duty of confidentiality and must not reveal to
any Team its or any other Teams scores for a particular Mediation Session or the
content of any Confidential Information.
Rule 2.13
Winning the Preliminary Rounds
The Team with the greatest number of points will be the winner of that round in the
Preliminary Rounds.
Rule 2.14
Ranking of Teams
Teams will be ranked and selected for the Final Rounds on the following criteria, in
decreasing order of importance:
1. total number of Score Sheets designating a Win;
2. total number of overall points;
3. lowest total of the differentials between the number of points scored in each
Mediation Session.
Rule 2.15
Scores and Ranking provided to the Teams
After the end of the Competition, each team shall receive its Score Sheets and the
ranking of the top 33 Teams after the Preliminary Rounds.
RULE 3.0
MEDIATION PLAN
Each Team shall provide a Mediation Plan for each Mediation Session in which it
competes according to the Instructions for Participants in Annex II.C.
The Mediation Plan must clearly indicate the names of the university and each of the
members of the Team. The Brief Biographies of each Team member must be attached
to the Mediation Plan.
Mediation Plans should contain a case analysis evaluating the strategic strong points
and weak points of the Requesting Party and the Responding Party respectively, their
respective needs and interests, their respective BATNAs, WATNAs and their
respective objectives and goals during the Mediation.
Rule 3.1
Submission of Mediation Plans for Scoring
The Mediation Plans for all Preliminary Rounds Problems must be submitted to the
Organizing Committee by email to iccmediationcompetition@iccwbo.org at the latest
on 27 January 2013. Mediation Plans for the Preliminary Rounds will not be accepted
after this date.
Teams will not be permitted to modify their Mediation Plans after submission to the
Organizing Committee.
- 17
Teams proceeding to the Final Rounds must prepare their Mediation Plans in advance
of each Final Round and hand them to the Organizing Committee prior to each
respective Mediation Session during the Final Rounds.
Rule 3.2
Submission of Mediation Plans for the Judges
Each Competing Team must hand a copy of its Mediation Plan to the Mediation
Session Supervisor at the beginning of each Mediation Session. The Mediation
Session Supervisor is in charge of handing the Mediation Plans to the Judges.
During the Competition, the Organizing Committee does not provide printing or
copying facilities, except for the Final Rounds.
For further guidance, please see Instructions for Participants (Annex II).
Rule 3.3
Scoring of the Mediation Plans
The Mediation Plans will be scored by the Judges at the beginning of the Mediation
Session. The completed Mediation Plan Score Sheet for each Team shall be handed
to the Mediation Session Supervisor before the Mediation commences. The score
received for a Mediation Plan will count towards that Teams overall score in the
specific Mediation Session for a maximum of two points. The Mediation Plans will be
scored on the basis of the Mediation Plan Score Sheet as provided in Annex I.C.
RULE 4.0
Rule 4.1
COMPETITION PROBLEMS
Problems
Each Problem will consist of General Information for all the Parties and Confidential
Information for each Requesting Party and for each Responding Party.
Judges shall receive copies of the General Information and the Confidential
Information for each Party. Mediators shall receive the General Information only.
Eight Problems will be sent to all Teams before the start of the Competition. All Teams
will receive General Information and Confidential Information for the four Preliminary
Rounds in advance. General information for the Eighth-Final, Quarter-Final, SemiFinal and Final will also be sent in advance. However, Confidential Information and
assignment of roles for each of the Final Rounds will be provided respectively at the
end of the Preliminary Rounds, Eighth-Finals, Quarter-Finals and Semi-Finals.
Teams, Coaches, Judges and Mediators may not directly or indirectly disclose any
Confidential Information to any other person, save that disclosure by Teams during a
Mediation Session is permitted.
Non-compliance with this Rule, will lead to disqualification in accordance with
Rule 8.1.
Rule 4.2
Clarifications and Interpretation of the Problems
Every effort will be made to ensure that Problems are clear. Each Team may submit to
the Organizing Committee on or before 2 December 2012 a maximum of one written
question for clarification or interpretation per Problem by the Drafting Working Group
to iccmediationcompetition@iccwbo.org.
These questions shall relate only to the Problems: the Drafting Working Group will
have complete discretion in answering them; however, no new facts will be added to
the Problems.
Rule 4.3
Staying within the Record
While Teams may not make up new facts, the facts of the Problems are subject to
reasonable interpretation and Teams may draw reasonable conclusions from them.
Whether a Teams interpretation is reasonable is a matter entirely within the discretion
of the Judges.
Failure to stay within the record may result in a penalty in accordance with
Rule 8.1.
RULE 5.0
Rule 5.1
PARTICIPATION AND ELIGIBILITY

Selection Criteria
The Organizing Committee will decide in its discretion which Teams are accepted to
participate in the Competition.
For the 2013 Competition the Organizing Committee will accept a maximum of 66
Teams.
The Organizing Committee will initiate two application periods.
The first application period will run from around end-July 2012 until late August 2012.
The second application period will run from early September 2012 until around mid- 19
October 2012. The exact dates of each application period will be published on
www.iccmediationcompetition.org
During each application period, the Organizing Committee will accept a maximum of
33 Teams.
In the each application period 15 places are reserved for universities that have not yet
participated in the Competition and 18 places are reserved for universities who have
previously participated in the Competition.
Should places for one category not be filled at the end of the application periods,
remaining places will be offered to applicants from the other category.
Universities that have not participated during the two last Competitions, will be
considered as not having previously participated in the Competition.
Within the two above categories the Organizing Committee will select Teams based on
the following criteria:
- preference will be given to universities who have an ADR curriculum;
- representation of cultural and regional diversity amongst the selected universities.
In the event that the above-selection criteria are insufficient to make a selection
between two Teams, the Organizing Committee will make a selection in its absolute
discretion.
Rule 5.2
Attendance
Each Team may be accompanied at the Competition by only one Coach. Additional
persons and students who are not members of a Team may NOT accompany a Team
to attend the Competition.
It is in the discretion of the Organizing Committee to disqualify the whole Team, should
Rule 5.2 not be followed.
Rule 5.3
(a)
Eligible Students
The Competition is open to all full and part-time university students (excluding
of post-graduate doctorate students) registered in the university during the academic

period during which the Competition is held.
Persons who are entitled to practice law in any jurisdiction, by having passed a bar
exam or otherwise, are NOT Eligible Students. However, students who have gained
their qualification to practice law automatically with the completion of their
undergraduate law studies (i.e. without a further bar exam or similar) and who certify
that they have not yet practiced as a lawyer (i.e. provided legal advice to clients) are
Eligible Students provided they are currently registered in a law school.
(b)
Only students studying law may take the role of Counsel. Accordingly, at least
one member of each Team must be a Law Student.
(c)
Team members do not have to be of the same nationality as that of their

universities.
(d)
Each university may nominate only one Team, consisting of a minimum of two
and a maximum of four students.
(e)
In order to enable as many Eligible Students as possible to participate in the

Competition over the years, each student is entitled to participate in the
Competition only once.
Any Team that breaches this Rule 5.3 will be disqualified from the Competition.
If only one member of the Team breaches Article 5.3(a) or 5.3(e), it is in the
discretion of the Organizing Committee to disqualify the whole Team or only
that member. If the Team is subsequently left with less than two students, the
whole Team will be disqualified.
RULE 6.0
Rule 6.1
TEAM APPLICATION AND REGISTRATION

Application online
Each Team wishing to participate must apply online within one of the two application
periods described below.
- 21
The Organizing Committee will inform Teams of their acceptance or non-acceptance in

late August 2012 (first application period) or late October 2012 (second application
period) in line with the schedule published online.
Subsequently, each Team must provide the Organizing Committee (within the time
limit as indicated by the latter) with the names, contact details and Brief Biography of
each Team member. A template will be made available by the Organizing Committee.
When applying, each Team must declare that the Rules have been read and
understood by each of its members. When submitting the details of the Team
members, each Team must declare that all Team members are eligible under
Rule 5.3.
Rule 6.2
Registration Fee
Upon acceptance of the Team by the Organizing Committee, each Team must pay the
registration fee within the time limit as indicated by the Organizing Committee.
Non-payment of the Registration Fee within such time limit can lead to
disqualification in accordance with Rule 8.1.
Rule 6.3
Team Contact
Each Team must designate to the Organizing Committee a Team Contact. Notice to
the Team Contact constitutes notice to all Team members.
RULE 7.0
JUDGES AND MEDIATORS
Rule 7.1
Statement of Independence
All Judges and Mediators shall provide to the Organizing Committee a Statement of
Independence declaring his/her neutrality, impartiality and independence to judge and/
or mediate any of the Teams in the Competition and disclosing any relationships with
any Team's university, a Team member, a Coach or a person affiliated with a Team.
The Organizing Committee can disqualify a Judge from judging or a Mediator from
mediating a round if the Organizing Committee considers that she or he has a
relationship with a Team member and/or any Teams university, a Coach or a person
affiliated with a Team which threatens neutrality, impartiality and independence.
Rule 7.2
Coaches
Coaches may not act as Judges or Mediators in any Mediation Session.

Judges and Mediators may not act as Coaches at any time in relation to the
Competition.
Rule 7.3
Confidential Information
Judges and Mediators must keep the contents of the Confidential Information strictly
secret from Teams.
RULE 8.0
Rule 8.1
PENALTIES AND DISQUALIFICATION

Application of Penalties and Disqualification
If a violation of the Rules is considered to have been committed by a Team or one of

its members, the Organizing Committee can impose a penalty or disqualify a member
of a Team or a whole Team.
A maximum three point reduction will be applicable if Rules 2.1, 2.4, 2.6, or 4.3 have
been violated.
Disqualification from the Competition will result from a violation of Rules 2.8, 2.9, 4.1,
5.3 and 7.3.
Disqualification may result from violation of Rule 6.2.
RULE 9.0
AWARDS
The Organizing Committee shall make arrangements for appropriate recognition of

Teams that achieve 1st Place, 2nd Place and for Runners-up in the Competition and
shall also award the following Special Awards for the Preliminary Rounds:
Best Mediation Plan
Best Mediation Advocacy Skill
Best Relationship Building with the Other Team
Best Team Work
Best Public Speaker
Best Opening Statement
Best Creative Solution Generation
- 23
Best Interaction with the Mediator

Best Team from a university identified by the Organizing Committee as
participating in the Competition for the first time (for list see Competition leaflet)
Furthermore, after the Competition, the Organizing Committee will issue a formal
Certificate of Participation in the Competition (save in the case of disqualification) to all
Team members.
RULE 10.0 ICC ORGANIZING COMMITTEE
Rule 10.1
Power to take Additional Measures
The Organizing Committee may take such other measures as are required for the
orderly conduct of the Competition.
Rule 10.2
Interpretation of Rules
The Organizing Committees interpretation as to the implementation of the Rules is

final and conclusive.
ANNEX I. A
Mediation Score Sheet

Your full name ________________________________________________________________
Name of Competing Team ______________________________________________________
Mark the appropriate round by checking the box with X

Preliminary Rounds
Quarter Finals
Saturday, 9 February
Morning Afternoon
Tuesday, 12 February
Sunday, 10 February
Morning Afternoon
Semi Finals
Monday, 11 February
Morning Afternoon
Wednesday, 13 February
Eighth Finals
Tuesday , 12 February
Afternoon
Morning
Final
Morning
Wednesday, 13 February
Afternoon
Total Points
Please make sure to mark all three sections:
1. Mediation Plan
3. Special Award
(for Preliminary Rounds only)
2. Mediation Session
Please double check your calculation
Total Mediation Plan
/2
Total Mediation Session
/ 38
Penalty points
FINAL SCORE
/ 40
Please now indicate whether this Competing Team won or lost:
Won Lost
If the Competing Team on this Score Sheet has the higher number of points, this Competing
Team has won. If the Competing Team on this Score Sheet has the lower number of points, this
Competing Team has lost. There must be a difference of at least 1 point between the two
Competing Teams. Accordingly, you cannot give the same number of points to both Competing
Teams.
Signature _______________________
ICC International Centre for ADR, 2012. All rights reserved. No part of this work may be reproduced or copied in any form or by any means, or translated, without
the prior permission in writing of the ICC International Centre for ADR.
- 25

Please tick one box for each criterion
The Mediation Session:

Your Interests
Opening Statement of Your Perspective
and Interests
Presentation of events giving rise to the
dispute, relevant legal considerations.
Conveying your interests. Showing
willingness to collaborate.
Excellent
Good
Satisfactory
Poor
Not
shown
4
points
3
points
2
points
1
point
0
points
8
points
6
points
4
points
2
point
0
points
4
points
3
points
2
points
1
point
0
points
Advancing Your Interests

Commercial realism. Ability to advance your
interests throughout the mediation, while
recognizing those of the other party. Never
sacrificing your interests. Flexibility in
adapting to new information or disclosures
by the other Party, while still advancing
your interests. Awareness and assertion of
your BATNA where necessary. Ability to
weigh up options realistically in line with
your own interests.
Team Work: Counsel & Client
Working together as a team, effectively
communicating with each other, sharing
responsibility clearly and sensibly and
providing mutual backup.
Sub total ________/16
ICC International Centre for ADR, 2012. All rights reserved. No part of this work may be reproduced or copied in any form or by any means, or translated, without
the prior permission in writing of the ICC International Centre for ADR.

Working with the other Party
Excellent
Good
Satisfactory
Poor
Not
shown
Information Gathering and Ascertaining

the Other Partys Interests
Wanting to know what the other Party
needs and how they see the issues. Open
questions designed to gain relevant
information and to ascertain the other
Partys interests, and active listening.
Seeking to Collaborate with the Other
Party
Taking of initiatives to build a problemsolving relationship with the other Party.
Working Together to Develop Realistic
Options
Generation of a range of realistic options
which clearly meet your own and the other
Partys interests, without premature
evaluation.

Working with the Mediator
6
points
4
points
2
points
1
point
0
points
4
points
3
points
2
points
1
point
0
points
4
points
3
points
2
points
1
point
0
points
Excellent
Good
Satisfactory
Poor
Not
shown
Making Good Use of the Mediator

Realistic, timely and effective invocation of
the Mediators assistance, listening and
responding to the mediator and use of the
Mediators interventions to move towards
resolution.
8
points
6
points
4
points
2
point
0
points
Sub total ________/22

ICC International Centre for ADR, 2012. All rights reserved. No part of this work may be reproduced or copied in any form or by any means, or translated,
without the prior permission in writing of the ICC International Centre for ADR.
- 27
ANNEX I. B
Special Award Score Sheet

You can nominate each team for a maximum of three Special Awards per Mediation
Session. Teams can only qualify during the Preliminary Rounds for Special Awards.
Please tick a maximum of three boxes according to the Special Award and the number of
points you wish to award.
Your full name
__________________________________________________________________
Name of Competing Team
__________________________________________________________________
3 points
This Team showed
excellent skills
in this area.
2 points
This Team showed
very good skills
in this area.
1 point
This Team showed
above average
skills in this area.
Best Mediation Plan
Best Mediation Advocacy Skill

Best Relationship Building with
the Other Team
Best Team Work
Best Public Speaker
Best Opening Statement
Best Creative Solution
Generation
Best Interaction with the
Mediator
Best Team from a university
identified by the Organizing
Committee as participating in the
Competition for the first time (for
list see Competition Leaflet)
ICC International Centre for ADR, 2012. All rights reserved. No part of this work may be reproduced or copied in any form or by any means, or translated,
without the prior permission in writing of the ICC International Centre for ADR.
ANNEX I. C
Mediation Plan Score Sheet

Your full name
_________________________________________________________________
Name of Competing Team
_________________________________________________________________
Date and time
_________________________________________________________________
The mediation plan describes a teams:
Excellent
0,5 points
Satisfactory
0,25 points
Poor
0 points
Excellent
0,25 points
Satisfactory
0,125 points
Poor
0 points
mediation strategy
The mediation plan defines:

how and why responsibilities will be
divided between client and counsel
the teams interests
the teams BATNA
the teams WATNA
the other Partys likely interests
the other Partys likely BATNA
Total:
Total:
/2 points
ICC International Centre for ADR, 2012. All rights reserved. No part of this work may be reproduced or copied in any form or by any means, or
translated, without the prior permission in writing of the ICC International Centre for ADR.
- 29
ANNEX II
INSTRUCTIONS FOR PARTICIPANTS
A. RULES
Please review carefully the Rules including all Annexes: please prepare well so
that you fully understand what is required of you.
B. MEDIATOR
Please do remember that the Competition is a mediation one, not a negotiation
one, so do use the Mediator.
C. MEDIATION PLAN
Pursuant to Rule 3 of the Rules, each Team must provide the Organizing
Committee on or before 20 January 2013 with copies of its finalized Mediation
Plans for the Preliminary Rounds (with a copy of the Brief Biographies attached).
Upon submission to the Organizing Committee, Teams will not be permitted to
modify their Mediation Plans.
The Mediation Plan for each Mediation Session must be no more than 2 pages in
12-point, time new roman, 1.5 spacing.
A copy of the Mediation Plan (with a copy of the Brief Biographies attached) must
be provided by the Teams to the Mediation Session Supervisor at the start of the
Mediation Session.
Accordingly, students should plan to have at least three copies of each Mediation
Plan (with a copy of the Brief Biographies attached) available at the start of each
round including two (three in the Final Rounds) for the Judges.
The Mediation Plan should contain a case analysis consisting of a brief evaluation
under each of the following headings:
(1) The Teams BATNA
(2) The Teams WATNA
(3) Responsibility Sharing explain how the Team plans to share

responsibilities between the Counsel and the Client in the Mediation Session;
(4) Allocation Strategy explain why the Team chose the particular
responsibility sharing;
(5) Your Sides Interests describe the interests that the Party plans to
advance in the Mediation Session;
(6) Other Partys Interests describe the likely interests of the other Party;
(7) Other Partys likely BATNA describe the likely BATNA of the other Party;
and
(8) Mediation Strategy the mediation strategy in light of the preceding
factors.
For the Final Rounds (Eighth, Quarter, Semi, and Final) where there may be
limited time to prepare for the Mediation Session, the Mediation Plan may be in the
form of a hand-written or typed outline. For such rounds, a computer and printer
will be made available by the Organizing Committee for all Teams who wish to
print their Mediation Plans.
D. FEEDBACK SESSION
Once Teams and Coaches have returned to the room after the Judges have
completed their Score Sheets, the feedback session is a time for the Judges and
Mediator to exchange with the Teams their reactions, views and positive criticism
on their Mediation. Judges should give their feedback in accordance with the
Judges feedback guidelines in Annex IV.C. Under no circumstances should this
time be used by a Team to denigrate or criticize the opposing Team.
- 31
ANNEX III
INSTRUCTIONS FOR MEDIATORS
A.
GENERAL INFORMATION
This is a mediation competition, not a negotiation competition. The aim is to

demonstrate todays best practice in international commercial mediation, on the part of
all Competing Teams in the Mediation, as well as you as Mediator.
As Mediator in this Competition you perform the valuable role of facilitating the Teams
to demonstrate their mediation skills. It is essential that the Mediators participating in
the Competition adopt a consistent and uniform approach to the Mediation. With this in
mind, please conduct each Mediation using the following guidelines:
1. How you approach your role as Mediator in the Mediation determines the
quality of the learning experience that each student will have during the
Competition. Your primary goal as a Mediator is to inspire the greatest quality of
Team performance during the Competition.
2. Please prepare well so that you fully understand what is required of you.
3. You must read in advance of the Competition the Rules including all Annexes and
the General Information (but not the Confidential Information) for each Problem.
4. Your Mediators opening statement should be less than five minutes in duration.
For the purpose and content of your opening statement please refer to B below.
5. You must not read the Competing Teams Mediation Plans before the Mediation.
6. You should encourage each Competing Team to adopt practical and realistic
solutions to Problems, and to take account of financial considerations.
7. You should encourage Competing Teams to address all important issues during
the Mediation and you should discourage them from postponing difficult ones to
imaginary future sessions.
8. Please note, however, that it is not the aim of a Mediation to settle all issues in
dispute but to progress towards acceptable and realistic solutions.
9. As set out in B below, you are requested to adopt a facilitative style during the
Mediation, independent of your personal style in real life. Accordingly, you should
not:
-
suggest options for settlement;
express a view as to who is right and who is wrong;
be directive.
10. Please remember that the Mediation is short and lasts only 85 minutes. During
these 85 minutes the Competing Teams should be encouraged by you to exercise
their skills whilst you exercise yours as Mediator as set out more particularly in B
and C below.
11. Caucusing is explained in Rules 2.1.3.
Caucusing is optional for the Teams, and it is important to let the Teams decide
upon a Caucus.
Even if you use a no-Caucus model of mediation in your practice or you think that
the time chosen to take a Caucus by a Competing Team is not appropriate, please
allow each Competing Team to take a Caucus when requested and call for one
when you consider it appropriate in accordance with Rule 2.1. Each Caucus should
last no more than five minutes.
12. You should leave the room while the Judges score the Competing Teams
performance.
13. You may also provide comments to the students after the Judges feedback
session, based on the criteria contained in the Judges feedback guidelines.
B.
PICTURE OF MEDIATORS ROLE
The expectation is that Mediators will despite personal preferences and styles
have a shared understanding of the commercial mediation model underlying the
Competition. For that reason, one can focus on the chronological dynamic, the socalled phase model of mediation (I.) and the individual Mediator roles and connected
techniques (II.). Against that background, the collection of possible interventions
presented in section D will become better understandable.
- 33
1. Phase Model of Interest-Based, Facilitative Mediation

[Please note that due to the time constraints, the final phases might not be reached in
all sessions]
Phase 1: Establishing Working Atmosphere
The Mediation usually begins with a short opening stage during which all participants
are introduced and the Mediator gives an introduction of the character and elements of
the process and presents the agenda. In this phase, the Mediator has four principal
goals: establishing contact with the participants as well as an overall atmosphere of
trust; explaining the process; clarifying Parties intentions and ability to mediate; and
proposing ground rules for the communication between all participants.
Phase 2: Fact-Finding/Information Gathering.
The goal of the Mediation at this next phase is to set out all information necessary to
identify the particular issues needing resolution, and the dimensions of those issues.
This means identifying all relevant facts, including economic, political, emotional, and
other factors involved in each Party's view of the various issues. In the opening
statements, each Party is afforded a limited time to present its case and the main facts
and legal arguments on which it is based. The Mediator will usually ask clarifying
questions.
Phase 3: Working Through Conflict.
The third phase constitutes the heart of the process of interest-based mediation. The
essential task is to explore and elicit the interests underlying the positions and
information shared by the Parties so far. During this phase, often starting from strongly
divergent viewpoints, the Mediator needs to actively support the Parties to recognize
and appreciate their own as well as the other Partys perception of the issues.
Phase 4: Developing and Evaluating Options.
Once the Parties have ascertained the necessary information and identified their
concrete positions and underlying interests, the Mediator can help them to develop
options. In doing so, it can prove vital to explore the full range of possibilities. The
Mediator needs to counteract the tendency of any party to seize upon his or her
proposal as the only solution.
Often, the Parties discard valuable options simply because they begin to evaluate in
their minds and conclude that an option would ultimately prove unacceptable.
To counter this, it is best if the Parties first collect multiple options without evaluating
them.
Phase 5: Agreement and Closure
When the negotiations have come to an end, through an agreement or otherwise, the
mediation has to be wrapped up by the Mediator. A failure to reach an agreement
should not necessarily be viewed as a failure of the process. In the Competition, the
goal is not to reach a full settlement of the dispute.
2. Resulting Mediator Roles
With the above phases as reference, the following Mediator roles and connected
techniques prove relevant. Because the spectrum of suitable Mediator techniques and
intervention depends on the personal strategy and character of the Mediator, the
following assembly of aspects must be understood as a non-definitive selection.
Process Controller
Within the interest-based, facilitative mediation model, the Mediator has full process
but no outcome control. He or she establishes the protocol, suggests procedures,
controls the timing and structures the agenda.
Communication Facilitator
In the role as facilitator of communication, the Mediator identifies issues and gathers
information, helps to clarify facts, to obtain missing information and thereby helps to
determine whether or not available bargaining space exists. He or she can also be
supportive in separating negotiable from non-negotiable issues. By developing a
framework for exchange and understanding, the Mediator facilitates the elaboration of
underlying interests with Parties. Overall, he or she fosters meaningful communication
that is conducive to reaching agreement.
Formulator of Interests
Given the high relevance of interests in mediation, both eliciting and actively reframing
these interests is one of the essential and challenging functions a Mediator has.
- 35
Facilitator of Cognitive Change

In the context of cognitive misperception, with the ability of reframing issues, the
Mediator can serve as a veritable agent of reality. This role is most important in
situations where stalemate is caused more by different or wrong perceptions of the
same issues or other psychological factors, rather than by conflicts of interests. A
Mediator can help to dissolve psychological distancing, such as stereotyping,
scapegoating and partisan perceptions, and ensure that all participants have a more
rational perception of the threat or value potential of a given scenario.
Provider of Creative, Problem-Solving Atmosphere
Another essential role of the Mediator is that of supporting Parties in generating
options as well as providing a basis for selection when it comes to finding an
appropriate solution. The application of brainstorming methods, the creation of an
atmosphere where it is possible to throw out ideas for solving the problem without
committing to them, is a role genuinely attributed to the Mediator. Mediators can
actively encourage settlement in many ways including verbal, non-verbal, procedural
and environmental methods and styles all without taking control or decision making
away from the parties.
The Mediator actively engages the Parties in discussions as to assets they have that
could be of interest to the other Party even if they have nothing to do with the case at
hand in order to create value and enrich the resolution process.
Agent of Reality
It is a key function of the Mediator to test the (sometimes overconfident) assessments
and expectations of the Parties.
Impasse Breaking
The Mediator deals with deadlocks and impasses in an active and transparent fashion,
actively encouraging Parties to talk about the respective backgrounds. If necessary,
they also use more provocative techniques in order to overcome deadlocks.
C.
FLOWCHART MEDIATION PROCESS
D.
MEDIATORS INTERVENTION CRIB SHEET
The expectation is that Mediators will allow the Competing Teams to play the decisive
part in the Mediation, but will nevertheless actively support them in doing so just like
a Mediator in real life would actually do. We therefore recommend that each Mediator
carries out his or her role and aims to intervene in a meaningful and recognisable way
about 5 times per session here are some reminders:
1. Reframing
For facilitating communication where the listener detoxifies and/or depersonalises a
statement so that:
The message can be heard; and
The issue can be discussed and dialogue can continue
Try this:
Listen to feelings and needs then ignore/remove toxic language then restate what has
been said using phrases like: Okay, what is important to discuss is ... or There
seems to be a concern about ... or;
Person to Problem / Past to Future/ Offer to Options & Ideas /Cash to Kind
- 37
2. Questioning
2.1. In Mediation
Open Qs - to assist the Parties [and the Mediator] to:
understand why they are in dispute
focus on agenda items rather than the global dispute and clarify needs and
expectations
facilitate the exchange of information which is relevant to the resolution of the
dispute
Try these:
What has brought you to mediation today?
Is there anything else? [Open door]
Can you tell us more about how you see this? [Open door]
Help us understand your perspective. [Why]
Before we move on, is there anything else to say at this stage about (agenda item)?
[Focus]
2.2. In Caucus
Reality testing Qs - assist the Parties by:
probing their understanding of the situation
exploring their options inside and alternatives outside the Mediation
testing their positions or expectations
Try these:
What is the most important aspect of this for you ... for the others?
Practise on me how will you approach that new issue in a constructive way?
Why is that important to you? How will it help you?
Bad option?
Earlier you said (X) now you are saying (Y), how do they fit together?
Where would that lead ...?
2.3. Deeply Honest Questions

Personal Qs - by demonstrating empathy, move a party from a place of anger or
blame to a new openness
Try these:
What did he do that you dislike?
What should he have done?
What should he do now/how should he start/ what should he say/ how would you
respond if he did?
What would it take for you to give up that behaviour?
2.4. What If Questions
Hypothetical Qs - to open up the dialogue, reality test and refocus on (or project them
into) the future
Try these:
How would you feel if the judge said...
What if they were to offer a $50,000 settlement package? How would you react to
such an offer?
What if you were to receive the offer that you are proposing to them?
What if, and I have no idea whether they would, they did (X)? What if, and I have no
idea whether you would, you were to do (Y)?
3. Summarizing
Summarise to:
give the Mediator a chance to get the message right
give the Parties a chance to correct the message
keep the conversation from becoming an inquisition ... so as to give the other party
a chance to absorb the message
Try these:
So, you want them to know that (X) isnt a risk in your view?
So, the most important factor in your thinking is ... ?
It sounds like you are saying...
- 39
4. Activating Parties Creativity

For the sake of thinking outside the box, what might be options you had never even
thought about before coming here today?
5. Reality Testing
In order to:
explore BATNA, WATNA etc
allow underlying concerns (if any) to surface
test party positions or expectations
probe party understanding of the situation and their choices within and without the
mediation
create doubt by testing facts/law/expectations/logic/delays/costs/stress/inconvenient
/reputation/credibility
6. Promoting Empathy
Encourage Party to demonstrate empathy for the others perspective.
For example, try role reversal: If you take a step back and imagine you are [the other
party]: What would your thoughts be on What would be important to you
7. Collaboratively Re-Formulating Positions into Interests
So Mary, we are looking for an outcome that enables you to spend less time at the
office but helps you, Bob, to achieve an earlier repayment of your loan It sounds
like you both have an interest in relocating within a certain period. Lets look at the
options for achieving this
May I ask you to become less specific for a moment and rather talk about the
motivation behind what you are actually demanding what difference would the
amount of money make to you?
8. Offering Space for Visualizing the Conflict

Visualize the quality of the cooperation between your companies in the last 14 years
on this flipchart.
Open Qs to assist the Parties [and the Mediator] to:
Understand why they are in dispute
Focus on agenda items rather than global dispute and clarify needs and
expectations
Facilitate the exchange of information which is relevant to the resolution of the
dispute
- 41
ANNEX IV
INSTRUCTIONS FOR JUDGES
A. GENERAL INFORMATION
1. As Judges in this Competition, you perform two extremely important functions.
First, you evaluate and score the quality of performance by the Competing Teams
in accordance with B below. Secondly, you are invited to give measured,
balanced and constructive feedback in accordance with the feedback
guidelines in C below, in a manner calculated to empower the students and
increase their learning from this experience.
2. All Judges must read the Rules before the Competition including all
Annexes, the Problems and the Confidential Information. Please prepare well
so that you understand what is required of you.
3. Actual and apparent neutrality, impartiality and independence of each Judge are of
the utmost importance. Accordingly, please try in advance of the Competition to
identify any biases you may have and take a conscious decision to discard them.
Regularly ask yourself whether you are being fair and take particular care to score
each Competing Team in accordance with the Judges scoring guidelines in B
below.
4. All Judges must read each Competing Teams Mediation Plan (and attached Brief
Biographies) before the Mediation Session begins.
5. The Mediation Plans will be scored separately in accordance with Rule 3.0.
accordingly you shall not take them into account when scoring the Competing
Teams performance in the mediation.
6. For the sake of ensuring fairness and equality, you must use the judging
criteria, as set out in B and C below, to evaluate and score the Competing
Teams, even if such criteria do not conform to your concept of best practice.
7. Although the language of the competition is English, its international character
means that it draws Teams from many different cultures. There are some obvious
differences, such as between the native and non-native English speakers, and
there are more subtle differences such as between the members of English
speaking Teams who come from different countries. Judges are encouraged to do
two things:
i) To read the Team Brief Biographies prior to judging. This will help them to
identify:
Please note that experience has shown that the range of expression/
emotionality could be less for non-native English speaking students who could
be using more energy to get the words right.
what cultural issues may emerge during the Mediation;
to challenge assumptions about who are native English speakers and

who are not.
Teams may contain students whose cultural and linguistic backgrounds are not
immediately apparent. Judges should bear this in mind.
ii) To consider how, within the Mediation, Competing Teams demonstrate a
sensitivity to and respect for potential cultural and linguistic differences in a way
that allows them to be soft on the people and hard on the problem as the
proponents of principled negotiation recommend.
8. Do not penalize any Competing Teams for failing to reach resolution. Do not
reward any Competing Teams for reaching settlement. Due to the tight
timeframe, full settlement is not the point of the Competition. Do reward
Competing Teams for strategies which facilitate progression to settlement.
9. Do not reward good acting skills but do reward realism, in particular
commercial realism, in the role play.
10. Each Judge must first independently score each Competing Team. The Judges
may then confer with each other prior to finalizing their Score Sheets. If need
be, the Judges can subsequently adapt their individual scores.
11. The Judges do not have to award the same amount of number or agree on which
Competing Team should be awarded more points.
12. You must indicate on your Score Sheet which Competing Team won and which
Competing Team lost.
- 43
13. Accordingly, you cannot award the exact same amount of points to both
Competing Teams. There must be a difference of at least one point.
14. You must complete a Score Sheet for each Competing Team before providing
feedback.
15. Your Score Sheets will be collected by the Mediation Session Supervisor after
each Mediation Session.
16. Once Competing Teams and Coaches have returned to the room after the Judges
have completed their Score Sheets, you should provide feedback to each
Competing Team in accordance with C. In order to avoid disturbances, Coaches
and Observers for both Competing Teams must remain in the room through the
entire feedback session.
B. JUDGES SCORING GUIDELINES
1. What is being marked?
Judges are asked to mark on the basis that they are looking for the most effective deal
makers who make best use of the mediation process. This will involve evidence of
skills such as flexibility, listening and empathy, and of a Competing Teams showing
that it is capable of moving towards a collaborative outcome.
It is collaboration that is being marked because collaboration is a true reflection of
commercial mediation. It involves co-operation but accepts that the Competing Teams
may have competing business interests which they should defend. The skill is
therefore demonstrated in the ability of the Competing Teams to understand these
differences and find a way through such differences to establish a means of resolution
whilst protecting their own commercial interests.
2.
Consistency
In order to achieve consistency, Judges are required to award points in line with the
Score Sheet (Annex I.A.). This will enable the Judges to quickly, easily and
consistently establish the standard at which the Competing Teams are performing.
The Score Sheet will be sent to the Teams following the Competition and will therefore
provide additional feedback.
Should Judges wish to provide additional comments to the Competing Teams, they
are invited to include them directly on the Score Sheet or on an extra sheet of paper
which they attach to the Score Sheet.
C. JUDGES FEEDBACK GUIDELINES
1. Feedback
Feedback to the Competing Teams at the end of each Mediation Session is an
essential part of the Competition. This enables the students taking part to learn and to
develop their skills. Students have expressed concern in the past that feedback
appears inconsistent and sometimes to lack relevance.
Time for feedback is limited and so it is vital that Judges give feedback that is:
clear
carefully focused
balanced (fair)
constructive (portable)
Judges should be aware that in giving feedback the students perceive you as mentors
and consequently will take what you have to say very seriously.
To ensure that this is achieved consistently, feedback must be given in the format set
out below. It is based on the style developed by the National Institute of Trial Advocacy
(NITA) because:
1. Research has shown that in the time available students can only assimilate a
limited number of learning points, generally not more two or three. A review of the
Mediation Session and a critique of all the areas covered by the Score Sheet will
not be of benefit.
2. The approach is non-judgmental, objective and proven to be successful. It is clear

and direct without being harsh and avoids diluted or mixed messages.
3. Students must receive feedback that they can use in the next Mediation Sessions
to enable them to develop their abilities. Consistency is very important and this
method, used properly by Judges, should ensure consistency.
- 45
The Organising Committee wants each student to feel that his/her experience was
worth the effort of his/her participation and journey to the Competition venue. The
Organising Committee thanks you for the extra effort you give to make the feedback
session a positive, constructive experience for each of the students.
2. Method for Delivery of Oral Feedback to Each Competing Team Following the
Mediation
a. During the Mediation Session each Judge should identify about two or three
examples of behaviours and conduct by each Competing Team (ideally one for
each Team member) that either:
were effective on the other team, or produced a positive impact on the
mediation (i.e. something the team should develop and use again) or
would benefit from improvement (i.e. something the team should think about
not doing again or doing differently).
Ideally, each Judge should choose different behaviours or conduct upon which to
provide feedback.
The examples should be chosen based on the actual reaction of the other
Competing Team (i.e. Judges should avoid expressing their own reactions or
speculating of what might have been the effect on the other Competing Team).
b. For each example feedback should be structured under four headings:
Headline: What I want to comment upon: I want to talk to you about...
Playback: What you said or did (it must be accurate and specific). It is the most
important part of the feedback because it establishes credibility.
Rationale: What was useful/What was not useful. Make this short, clear and
credible.
Prescription: Why not try... Make sure you choose something that you can fix
or improve further. You will be critiquing a skill so think about giving a
demonstration.
To ensure consistent, helpful feedback Judges are asked to:
Be direct, but not destructive;
Avoid confusing the student by adding buts or inappropriate compliments;

Avoid war stories, but to illustrate, where possible, with experience;
Critique at the students level, not yours.
3. Examples of Feedback using this method

Example A:
In the Mediation that you were judging, you observed that the initial presentation by
the Requesting Party was satisfactory in its content; however, you considered that the
structure of the presentation was poor. You observed that this poor structure created
an immediate positional reaction in the Responding Party which led to an unfavourable
misunderstanding of the Requesting Partys position and hampered the building of
rapport necessary to create a collaborative environment and move the Mediation
forward.
Feedback to the student acting as counsel for the Requesting Party may look like this:
Headline
I want to talk to you about ... the structure of your opening remarks
Playback
In your presentation you covered all the points of relevance to your client in this
dispute; however, there wasnt a clear structure which made it very difficult to follow.
For example, you moved into a presentation of options prematurely when, ideally, they
ought to be presented later, after ascertaining the other side's interests and explaining
yours. I observed, and you might have also seen, that this led to an immediately
hostile reaction from the Responding Party.
Rationale
Lack of structure made it difficult for the other Party to respond and led to a
misunderstanding in the initial crucial stages of the Mediation which cost you the
opportunity to build rapport quickly and move the Mediation forward. It also created a
barrier to the other sides receptiveness to your options for settlement.
- 47
Prescription
When structuring your initial presentation, have in mind an agenda of the areas you
need to cover and distinguish between your clients legal rights and interests. Try and
put yourself in the other sides position and think what their initial reaction may be to
what you are about to say.
In order to avoid confusion, you could break down your points numerically to ensure
maximum attention and understanding from the other side as to what is important to
your client for the future.
Example B:
In the Mediation that you were judging, you observed that the initial presentation by
the Requesting Party was satisfactory in its content and that it was well structured.
You observed that this led to a positive response from the Responding Party who
adopted a similar structure which helped the building of rapport and the agreement of
an agenda to move the Mediation forward.
Feedback to the student acting as counsel for the Requesting Party may look like this:
Headline
I want to talk to you about ... the structure of your opening remarks
Playback
In your presentation you covered all the points of relevance to your client in this
dispute; it had a very clear structure which made it easy to follow. I observed, and you
might have also seen, that this led to an immediately helpful reaction from the
Responding Party who embraced your structure and you were able to agree an
agenda with them.
Rationale
This structure made it easy for the other Party to understand your perspective and
your concerns. The clear presentation gave you an opportunity to build rapport quickly
and move the Mediation along by agreeing an agenda.
Prescription
This is a good approach to take. Be mindful to adopt a structure thats relevant to a
particular problem and that you dont fall into the trap of using the same structure all
the time. Be flexible so that you can respond to the other Party and have in mind an
agenda of the areas you need to cover. Try and put yourself in the other sides
position and think what their reaction may be and what they would like to cover.
- 49
D. Judges Feedback Aide Memoire
Team:
Judge:
Headline: What I want to comment upon: I want to talk to you about...
Playback: What you said or did (it must be accurate and specific). It is the most
important part of the feedback because it establishes credibility.
Rationale: What was useful/What was not so useful. Make this short, clear and
credible
Prescription: Why not try... Make sure you choose something that you can fix or
can improve further. You will be critiquing a skill so think about giving a demonstration.
- 51

ICC International Mediation Competition Rules

Uploaded by

Copyright:

Available Formats

ICC International Mediation Competition Rules

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

ICC International Mediation Competition Rules

Uploaded by

Copyright:

Available Formats

Competition Rules 2013

8th ICC INTERNATIONAL COMMERCIAL

8 February 2013 - 13 February 2013

International Chamber of Commerce

Organization of the Competition ............................................................ 9

Mediation Session Procedures ............................................................ 10

General Procedures ........................................................................ 10

Rule 2.1.1 Timing .............................................................................................. 11

Judging Criteria ............................................................................... 13

Mediators and Judges ..................................................................... 13

Governing Law ................................................................................ 13

Exhibits and Props .......................................................................... 14

Permissible Assistance to Teams.................................................... 14

Prohibited Assistance ...................................................................... 14

Judges Scoring ............................................................................... 15

Communication between Participants ............................................. 16

Winning the Preliminary Rounds ..................................................... 16

Ranking of Teams ........................................................................... 17

Scores and Ranking provided to the Teams.................................... 17

International Chamber of Commerce, 2012.

Competition Rules 2013

Mediation Plan ..................................................................................... 17

Submission of Mediation Plans for Scoring ..................................... 17

Submission of Mediation Plans for the Judges ................................ 18

Scoring of the Mediation Plans ........................................................ 18

Competition Problems ......................................................................... 18

Clarifications and Interpretation of the Problems ............................. 19

Staying within the Record ................................................................ 19

Participation and Eligibility ................................................................... 19

Selection Criteria ............................................................................. 19

Team Application and Registration ...................................................... 21

Application online ............................................................................ 21

Registration Fee .............................................................................. 22

Team Contact .................................................................................. 22

Judges and Mediators ......................................................................... 22

Statement of Independence ............................................................ 22

Confidential Information .................................................................. 23

Penalties and Disqualification .............................................................. 23

Application of Penalties and Disqualification ................................... 23

ICC Organizing Committee .................................................................. 24

Power to take Additional Measures ................................................. 24

Interpretation of Rules ..................................................................... 24

International Chamber of Commerce

INSTRUCTIONS FOR PARTICIPANTS .............................................. 30

INSTRUCTIONS FOR MEDIATORS ................................................... 32

International Chamber of Commerce, 2012.

Competition Rules 2013

7. Collaboratively Re-Formulating Positions into Interests ..... 40

INSTRUCTIONS FOR JUDGES.......................................................... 42

International Chamber of Commerce

The following terms have the corresponding meanings:

-6 International Chamber of Commerce, 2012.

Competition Rules 2013

International Chamber of Commerce

Mediation means the timeframe of 85 minutes for the actual mediation

Competition Rules 2013

ORGANIZATION OF THE COMPETITION

International Chamber of Commerce

The official and only language of the Competition is English.