Mock Mediation Guide - Law Society Of New South Wales, Australia Page 11
ADVERTISEMENT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16Scenarios
The Mock Mediation Coordinator provides a new scenario for each round. The
scenarios are fictitious community disputes relevant to the students’ age. The
scenario consists of Common Facts and Confidential Facts.
Common Facts
The common facts of the mediation are available to schools at the start of each round
to be used for coaching purposes. They are available from the web site and will also
be emailed to the contact teacher.
These common facts will allow the mediators and parties to become familiar with the
background of the dispute. They consist of background, incident and aftermath which
will provide the basis of the mediation.
Confidential Facts
At the commencement of each mediation the adjudicator will provide each team with
separate confidential facts (for Parties A1 & A2, Parties B1 & B2). There is 10
minutes’ reading time. Once these facts have been distributed, Parties A and Parties
B must be kept separate and the student mediators can only speak with parties after
the mediation commences.
The confidential facts are designed to give the parties an opportunity to play their role
in a realistic way and give the mediators an opportunity to display their mediation
skills. While both parties can disclose all their confidential facts immediately should
they choose to, this reduces the total number of points that can be scored by the
team because it risks reducing the level of conflict that usually arises in the
mediation. The parties can improve their total score by disclosing the confidential
facts in a way and a time that would be consistent with their character and in
response to the mediators’ interventions.
The confidential facts allow interests to be identified, leading to options being
generated that were not evident from the common facts. For this reason the
preparation should focus on the skills and processes of the team, rather than the
substance of the dispute.
Page 11
The Law Society of New South Wales
Mock Mediation, 170 Phillip Street, Sydney NSW 2000
T: (02) 9926 0253 E:
.au
ADVERTISEMENT
0 votes
Related Articles
Related forms
Related Categories
Parent category: Legal