Mock Mediation Guide - Law Society Of New South Wales, Australia Page 10
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16The Parties (4 students – A1 & A2 and B1 & B2)
Each team member makes an opening statement. The two students in Party A form a
cohesive unit, as do the two students in Party B. However, individual team members
will have different interests that need to be identified during the dialogue stage and
included in the Negotiations and Resolution stages.
The parties should restrict themselves to the fact situation prepared. They will score
points for their characterisation and authenticity. Too much rehearsal will make it
difficult for the parties to incorporate their confidential facts. They should display any
emotions called for by the role-play such as confusion, anger, grief, bitterness,
disbelief or reluctance to speak. The mediators should be given the opportunity to
display skills and intervene to acknowledge the emotion and encourage the party to
participate positively
The parties need to display their communication, option-generating, problem-solving,
negotiation and assertiveness skills. These skills may be shown to evolve with the
encouragement and facilitation of the mediators. It is often difficult to find the fine line
between being too compliant, offering no resistance and being too stubborn which
prevents the other students from engaging in productive discussion. Students who
can remain authentic to their character by participating in the various stages of the
mediation process and clearly showing changes they experience as the mediation
progresses.
Parties should stay in character, and should do so in a way which is true to the
common facts and to the confidential facts. They need to provide challenges to
mediators, particularly in the early stages. Then they should respond in character and
appropriately to the mediators’ intervention strategies.
As the session progresses it should become evident that the parties are becoming
more cooperative as they develop an understanding and empathy for the other points
of view. Maximum scores are obtained when all 4 students contribute equally to the
mediation. It may be within the role for a party to remain silent and subdued.
Adjudicators will be aware of the common and confidential facts and a party will not
be penalised for playing an appropriate role. Generally, parties will demonstrate a
shift from a passive or an aggressive outlook to an assertive outlook as the mediation
progresses to the option generation stage.
It is important that the role-players give an authentic performance and display a
range of emotions and reactions to conflict appropriate to the dispute. When the
parties play their roles authentically, requiring the mediators to demonstrate their
knowledge of each of the stages and of the appropriate skills, the team will score
well.
Page 10
The Law Society of New South Wales
Mock Mediation, 170 Phillip Street, Sydney NSW 2000
T: (02) 9926 0253 E:
.au
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