In keeping with our objective of connecting our readers with some of the most qualified persons in the field of ADR, we interviewed Ms. Supritha Suresh and Mr. Simon Weber in the Fall of 2020. They give an insight into a career in ADR by taking us through their journey so far.

Please tell us about yourself

Supritha: I am currently an International Associate at Three Crowns LLP (Bahrain). My experience includes advising States and private corporations in commercial and investment treaty arbitrations. Previously, I was seconded to the Government of Bahrain where I advised on investment treaty matters, related domestic proceedings, and global investigations. Prior to the secondment, I spent time in Three Crowns’ Washington, DC office and at the International Centre for Settlement of Investment Disputes (ICSID, World Bank Group).

Simon: I am currently in the final year of my Ph.D. project at King’s College London, where I additionally assist Prof. Martin Hunter. Subsequently, I will be moving to Zurich, Switzerland to work for an international dispute resolution law firm. My research and daily practice focuses on investment disputes but I am starting to gain an interest in getting involved in pharmaceutical and financial arbitration disputes. India is very close to my heart, which is for two reasons: First, some of my closest friends are of Indian origin. Second, Prof. Martin Hunter introduced me to the legal landscape of India through trips to Bangalore and our collaboration on ‘Arbitration in India’ (which is how I met Supritha).

How and when did you decide to study law?

Supritha: This wasn’t a single event, and I continue to find reinforcers. My motivation is driven by the idea of justice and that everyone has their own perspective, their own side of the story.

Simon: In addition to my keen interest in constitutional and international law, I realized at a young age that languages had to play a role in my educational journey. Therefore, I read German-French law in Paris and Potsdam before moving on to London in order to cover all three languages I speak with a law degree from the relevant country.

What motivated you to pursue a career in ADR? How has your journey been so far?

Supritha: My eagerness to pursue dispute resolution / settlement grew from a series of happy coincidences. Participation in moot courts, simultaneous editorial work on investment arbitration (for a journal) and courses during my undergrad studies all piqued my interest in the field. I have been immensely fortunate with my journey so far. I am blessed to have mentors who have looked out for me.

Simon: The people I met. During my Ph.D. and before, I assisted renowned international arbitration lawyers and learned a lot from them. These experiences strengthened my wish to embark on a career in dispute resolution. As of May 2021, I will be working for an international dispute resolution law firm in Zurich and sit the Swiss bar exam.

What motivated you to pursue further studies in the field of ADR?

Supritha: I was stubborn to have a solid academic understanding before I began practice, and hence the decision to apply for an LL.M.

Simon: I wanted to build up on my knowledge of International and European Law. Dispute resolution seemed like the logical next step. Before deciding to go to King’s College, I spoke to Holger Hestermeyer and he convinced me of the dispute resolution program at KCL.

What were the main factors which you considered while choosing a university for your postgraduate studies?

Supritha: I wanted to pursue a Masters in a specific field (i.e. dispute resolution). Therefore, the universities I shortlisted were all those that offered a specialized LL.M. (five at the time). The faith and support that Young ICCA and Miami Law offered, even before I began the course, was pivotal. Other factors included UM’s reputation for providing a stimulating academic environment, a well-rounded curriculum and leading faculty.

Simon: Two of my three postgraduate degrees were the logical consequence of my German-French dual degree and a development of the skills I acquired during my undergrad at Université Paris Nanterre and the University of Potsdam. I simply enjoyed life in Paris and the curriculum offered. During my fourth year, however, I wanted to take the next step towards a career in international law and started looking for LL.M. programs. My criteria were the following: taught in English, in Europe, renowned lecturers and flexibility in choosing the modules of the LL.M.. I applied to most of the prominent LL.M. arbitration/dispute resolution programs you have heard of and finally decided to go to KCL, as, in my eyes, it offered the best mix of my criteria. Retrospectively, I could not have taken a better decision. I finished the LL.M. in 2017 and continued with a Ph.D. at KCL.

Did you take up any other courses while you were pursuing your LL.M.? How did it help you in understanding ADR better?

Supritha: Being a specialized International Arbitration LL.M., the focus was on dispute resolution/settlement. But the Program has a very malleable structure. It is what you want it to be. The Program Director and staff ensure that the year is as individualized as possible, diligently accommodating your every need. In addition to more than a dozen different arbitration classes, there are a plethora of activities/courses one can get involved in – moot courts, externships with leading firms, research assistant positions and options to attend J.D. classes. These opportunities and experiences expand perspective. I often advise new students: Make the most of the program and sign up for everything! You will not regret it!

Simon: I did not – the dispute resolution modules at KCL are challenging and given that you can model your curriculum yourself, you can ensure that they are coherent and contribute to your general knowledge of dispute resolution. There is one thing that helped me get more acquainted with the world of international dispute resolution though: the King’s Forum on IDR.

What were your most essential take-aways from your LL.M.? What impact did it have on your career?

Supritha: I look at my time at Miami Law as a foundation to my career, any which path it might take. I came out of UM with not only a better understanding of the theoretical underpinnings of the field, but also with a primer on the practicalities. The LL.M. helped me enter the field and begin my career and also gave me the opportunity to meet some truly remarkable people who have since helped me with personal and professional growth.

Simon: Clearly, the most essential take-aways were a solid understanding of international dispute resolution and the friends I made all around the globe. The LL.M. kickstarted my career.

How has your time pursuing a Ph.D. at Dickson Poon School of Law been so far?

Simon: The Ph.D. is probably the most exciting project I have ever taken up. The first time working on your own book is challenging but you grow with every step you take. Being a Ph.D. researcher makes you flexible in terms of time – which allowed me to co-teach seminars with Martin Hunter, travel to conferences all around the globe, where I met outstanding people (in particular from India) and to contribute to research with paper projects. I can only recommend doing a Ph.D.!

Did you participate in any Dispute Resolution Competitions (moots, mock negotiations, etc.) during your undergraduate or postgraduate studies? How did it help you in engaging with ADR?

Supritha: I participated in several national and international moot court competitions during my undergrad and postgrad studies (including the FDI Moot and Vis). I was part of the bench brief committee and an arbitrator for the FDI Moot subsequently. I coach teams and sit as a mock arbitrator / mediator since. Moots provide you an opportunity to bolster research skills, better understand a niche question of law and refine oral advocacy.

Simon: I participated in the FDI Moot, and coach the KCL team since 2017 – I was a mootee during my early Ph.D. years and I could not spend as much time on it as I would have hoped. But it taught me the importance of oral advocacy. Ever since, I have arbitrated at the VIS Moot, the PCA VIS-Pre-Moot, the NLSTIAM and the German Jessup National Rounds (in February 2021). I highly encourage every student to participate in a moot if you have the opportunity!

Do you feel that there exists a gap in what we are taught at law school and the actual practice specifically with respect to ADR? How do you think students can bridge this gap?

Supritha: Whether there is a gap between theory and practice depends on the initiative of the administration, faculty and students. I’ve found that skills-based courses, mock trials, innovative assessments, internships, conference participation, candid conversation all allow students to read between and beyond the lines.

Simon: I think it is very important to first focus on the knowledge before you think about skills teaching. But once the knowledge is there, a university must start to teach skills to their students. Generally, teaching at universities is focused purely on transposing knowledge instead of teaching skills. Of course, in a lot of systems this is achieved during bar school or in the first years at the law firms. Yet, most students end up in practice without any proper skillset required for their job. Martin Hunter has always been an advocate for skill-based workshops and we have taught together on witness cross-examination or the taking of evidence. Participating in a moot is a good first start as well as internships (but make sure to not get exploited!).

Do you have any advice for our readers on pursuing a career in ADR?

Supritha: Work hard, stay positive, heed mentorship.

Simon: Never stop learning. Essentially, this means flawless knowledge of the law and of current developments. Finally, one of the most important skills to acquire is the proper drafting of a text (signposting, structure, easy language, short sentences, unpretentious formatting).

The post Ms. Supritha Suresh and Mr. Simon Weber – On Careers in ADR appeared first on Mapping ADR .

Ms. Amritya Singh has participated in the ICC International Commercial Mediation Competition conducted in Hong Kong in 2020 and in the International Mediation held in Singapore in 2019. She was the quarter-finalist at ICC International and a silver medalist at the International Mediation at Singapore.

What were the specific challenges that you faced during your preparation and how were they different from the ones at the actual negotiation round?

One of the main challenges we faced was coordination among teammates in a virtual environment. Our preparation was more or less theoretical, centred around understanding and grasping the problem and the interest of the parties. It is however equally important to execute your mediation strategy during the rounds which was challenging in the virtual format as you cannot exchange small cues amongst yourselves, and often tend to overlook non-verbal communication, that would have been in possible in a physical setting.

Choosing your partner is indeed an important decision. How did you start and how did you form a team dynamic and use the synergy to your benefit?

Having a good teammate is extremely important as the outcome of the session really depends on the team dynamic. Personally for me, I used to ask my friends to work with me as it is really important that the teammates understand each other and their personalities are complementary to one another. The differences and the similarities between the personalities should not work as a barrier rather make the negotiation work in a smooth flow.

Each team has their own way of approaching a negotiation. Please tell us something about your approach. Do you think it gives you an edge over other teams?

The approach that I have always undertaken is to breakdown the problem and brainstorm over it with my team members. This helps us to not only come up with creative solutions to the problem at hand, but also gauge where the other party’s interests lie.

Do you have any inspiration or tactic employed by the opposing team that you found useful?

Yes, I did find that involving the mediator to be an effective strategy that can help you score more. You often get caught up in putting across your points or listening to what the other party has to say, and in that process the mediator is often ignored. You can make the mediator your mirror and ask questions like “Mr. Mediator what progress have we made with regards to our agenda?” thereby engaging him in your discussion with the other party, during the course of the session.

We understand that the international mediation competitions provide you with an opportunity to negotiate and interact with a diverse set of people. How do you reconcile the cultural differences?

I think the shared passion and excitement about ADR amongst all the participants is something that easily helps us overcome the cultural differences. During the course of the rounds, it is pertinent that you respect this cultural difference and adapt yourself to it. Maintaining the pace of your speech is a simple tool of communication, but it proves to be especially beneficial when the parties come from different cultures. Outside of the competition, I think the difference in cultures of the people make for an interesting conversation.

Do you plan to pursue a career in the field of negotiation/mediation? How do you think it is perceived in the professional space?

I definitely am interested in the field of ADR and would want to pursue it in the future. But, the culture in India for mediation is not very promising as compared to what we see across the globe. The opportunities available in India are limited but with the growing prevalence of contractual and statutory stipulations related to mediating disputes, the field has garnered ground and acceptance.

Quite a few people think that extensive reading and academic engagement is important for a better understanding of the issues at hand. What do you think about it? Did you review any particular articles or books that helped you with your preparation?

Yes, reading is very important not only for your mediation skills but also for articulating your thoughts comprehensively. The book “Getting to Yes” by Roger Fisher and William Ury really helped me in my preparation for the ICC Hong Kong competition. This book gave me clarity about the concepts and tactics of mediation and negotiation that I know today, it definitely was a game changer for me. Further, even though people think mediation competitions don’t require in-depth research, I think researching on the area of dispute involved in your problem is very important.

What does it take to win? What are your suggestions for those participating in such competitions for the first time?

Well, to be honest, I’m looking for an answer to that myself! The most important thing would be to enjoy yourself and have good team synergy, as competitions require long hours of preparations with the team and coordination amongst the members.

The post Ms. Amritya Singh (NLIU Bhopal) – On Preparing for Mediation Competitions appeared first on Mapping ADR .

Yashasvi Raj is a 3rd year law student and convenor of the ADR Society at NALSAR University. He is only in his third year and has an impressive track record in the ADR circuit. He was a part of the teams that won the prestigious NLIU – INADR and NUJS Mediation competitions. He has also performed well in several other reputed competitions such as ICC Australia, SIMI and NLS NMC. Apart from law school, he is also a student athlete and is passionate about sports and swims and plays basketball competitively. We got in touch with Yashaswi to find out what motivates him and dig into the method behind his process.

You have done quite well in various mediation competitions. What motivated you to get into these competitions?

Thank you for the kind words. Initially, I was a textbook “enthu-cutlet” first semester student who wanted to try my hand at everything. ADR presented itself as a co-curricular opportunity. I enjoyed my first practice mediation and the learning process that followed. The possibility for additional learning and problem solving on a fact situation attracted me. It allowed me to dive-deep beyond what is taught in law school classes. Of course, competitions brought with them the opportunity of representing NALSAR and the (pre-COVID) thrill and exposure of travel.

You are only in your third year, and you have achieved immense experience in these competitions. Is there any mentoring that helped you?

Yes, mentoring has definitely helped me. It started off with experienced seniors doing demo rounds in front of us to acquaint us with the activity. Once I was familiar with the process, I realized as a beginner, many propositions required commercial awareness, which was new to me. Industry professionals and seniors guided me on that. My mentors have helped incredibly in analyzing problems, brainstorming, and preparing me for varied situations, which has been key in competitions. I’ve had the privilege of meeting judges and peers at other colleges who have become great friends and mentors.

How much does body language matter in a mediation, both from a mediator and negotiator’s perspective?

I think it is extremely important in both circumstances. Body language is the first impression judges and participants register as soon as the session starts. Even when competing in virtual rounds, judges have observed body language, to note that leaning in to the camera rather than sitting back showed attentiveness, a desire to listen and actively engage with the parties.

As a mediator, how do you deal with difficult parties?

In a joint session, it helps to remind such parties that mediation has the unique ability to communicate directly in the presence of a facilitator, which is generally missing in dispute resolution. So, to generate maximum value from the session and head towards the common goal of resolution, it is best if everyone kept an open mind and gave adequate opportunity to everyone to express themselves and convey their response.

In case things get aggressive or the ground rules are repeatedly broken, I call for a caucus to understand the reason for aggressiveness, to rationalize the emotion. Sometimes, asking parties to pause for a moment has diffused tension, which the mediator can use to take better control of the session.

Often, certain parties tend to go on long monologues while speaking about a particular issue. What would you say is an acceptable way to interrupt such parties?

Mediation and negotiation being party-driven processes, it is important to allow parties to freely express themselves. There are, of course, no set rules of when to interrupt and when to let parties continue, it is all context specific. Depending upon the duration of the session, I generally refrain from asking parties to conclude their statements unless absolutely necessary. An acceptable way could be to ask the party to excuse the interruption, summarize the point they’re making, and request them to confirm if the understanding is accurate.

You have taken part in both domestic and international competitions. Does the training vary between both?

Not exactly. Each competition, whether domestic or international, has been a unique experience which has helped me perform better in subsequent competitions. I have learnt to be as prepared as one can be, whatever the level of the competition. Also, the ADR circuit in India has some amazing students who have performed incredibly well at the international stage. Through the constant international exposure Indian students have gotten over the years, I think the training required for domestic and international competitions does not vary much.

There are multiple organizations nowadays that engage in negotiation/mediation training. How useful do you think they are? Can a person do well in competitions without enrolling in such courses?

These training sessions have utility to the extent that there is always the possibility to learn something new. Some courses are limited to training for competitions, others extend to theoretical and real-life conflict resolution. I am fascinated by the latter and they have certainly helped me. That being said, there is no doubt that one can perform well in competitions without undergoing formal training programs. While courses give a better understanding of the process, through witnessing as many rounds as possible, participating in practice sessions, and constantly seeking feedback, one can learn through experience. Personally, I have had the privilege of attending classes by one of Asia’s leading mediators. These classes went the root of conflict resolution, and have helped me develop perspective on how to approach tough situations in everyday life.

How much time do you generally set aside for training for a competition?

Depends on the difficulty level of the propositions. For some competitions, we’ve prepared for over two months, while for others, we’ve been allotted the competition at short notice.

How do you manage to balance preparing for these competitions along with your regular academic life at NALSAR?

Preparing for competitions has been an enjoyable process, and gives a good break from the rigmarole of law school. The NALSAR academic policy encourages participation in competitions which does not come at the cost of academics. Being on a residential campus helps, practice rounds have sometimes gone on till 2-3 am.

(Secret: the real answer is: friends who share notes, caffeine, and sleep deprivation – all worth it).

Are there any books you would recommend that a prospective competition trainee read?

Getting to Yes by Roger Fisher and William Ury has been the go-to recommendation as a starting point for most people. Apart from that, I believe there are a lot of research papers out there on the psychology of the negotiation process, conflict resolution, the theory behind the alternative processes, which provide interesting insights and realization on how practical aspects function.

What are your future goals in terms of competitions?

Although I’ve yet to learn a lot myself, I’ve started coaching teams for competitions. I learnt most of ADR from the guidance and coaching of seniors and industry professionals. Now I look to pass on that knowledge to my peers and juniors.

What are you plans after law school?

I’m figuring out my plans after law school. Presently, I’m doing internships to evaluate where my interests lie. ADR has inculcated in me a solution-orientated approach. I’m looking to fit that in an intellectually challenging profession which is exhilarating enough to make me want to go to work every day.

(We at Mapping ADR would like to thank Yashasvi for the elaborate answers to our questions and we wish him the best of luck in the future.)

The post Mr. Yashasvi Raj (NALSAR) – On Preparing for ADR Competitions appeared first on Mapping ADR .

Mr. Sebastian Schäfer is a graduate from IÉSEG School of management at Paris. Coming from an engineering background, he followed his passion for complex negotiation processes and studied International Business Negotiation in Paris. He was a member of the team that won the Warsaw Negotiation Round, 2018. This interview was conducted soon after his win.

Hi Sebastian, hope you are doing well in Paris. Congratulations on your victory at the Warsaw Negotiation Round, 2018. Your experience could definitely help our readers understand the nuances of a negotiation competitions. We would like to start by asking you about your first encounter with negotiation? Tell us something about your first negotiation round.

If we talk about negotiation in a professional business framework, I had my first encounter with this topic a few years ago during an internship in a large engineering company in Bangkok, Thailand. As a passive observer, the intercultural complexity and the importance of smooth personal interactions in the deal making processes raised my attention for the field of negotiation and laid the foundation for my fascination and passion for that topic.

My first negotiation competition was the WNR 2018 our team participated in this year. I was not sure what to expect from the event, but it turned out to be one of the most valuable learning experiences and definitely the most inspiring event of the year.

How was your experience at Warsaw Negotiation Round (WNR), 2018? What did you like the most?

For me personally there are two things that made the WNR 2018 a unique and impactful competition. First, the high diversity of the competition’s participants created an intercultural negotiation experience that you can barely find in any other setting. It is my strong believe that especially in a more and more globalized world, an awareness of cultural differences is the key to success in many negotiations. The WNR was the perfect “sandbox” to discover strategies and create insights regarding cultural differences.

Second, the WNR provides a great forum for networking activities and a lively exchange about negotiation. The presence of more than 100 people who share the same passion was creating an incredible atmosphere that encourages young people to build a unique network consisting of fellow enthusiast from around the world. It is my strong believe that together we can raise more attention for negotiation as a research area and prove the valuable impact that strong negotiators can have for most businesses around the world.

Unlike, most of the participants in these competitions who are enrolled in law schools you come from a management background. Do you think that benefits you during your negotiations? If yes, how?

I think that the hard skills deriving from your profession or educational background are not necessarily determining your performance during a negotiation. It is important to know how to leverage your personal strengths and experiences through soft skills and negotiation tools.

Though, it is possible that a management background helps you to identify value adding solutions since creating value is a key element of commercial activities.

How do you prepare for a negotiation round? What according to you are the most important factors that must be taken into account while preparing for a negotiation?

Our team prepared for the competition by trying out different strategies in order to find the one which fits our team constellation and our individual skillsets best. Furthermore, we concentrated on team building measurements. I believe that trusting and knowing each other is of crucial importance when it comes to a team competition. You could compare it with a sport competition: Outstanding individual talents are useless without a strong team spirit.

For the negotiation rounds during the competition, we prepared by concentrating on defining our overarching goal for the negotiation. Thereby, the first negotiation already took place before we sat down at the table. We shared the believe, that if you carefully define what do you want to achieve in the upcoming negotiation all parts of the strategy will fall into place automatically. We got good feedback for the alignment of our team and I am confident that the time we spent talking about our overarching goals was wisely invested.

Opening statements are considered to be one of the most important parts of a negotiation. It can set the tone for the rest of the negotiation. What do you think are features of a good opening statement? Do you follow a particular structure?

I don’t think that there is a one-size-fits-all solution for an opening statement. To be effective, it has to be tailormade for the parties at the table. Anyway, the one thing that should be always communicated through an opening statement is a cooperative spirit. The negotiation should be seen as a joint effort to solve a shared problem. The parties at the table should feel like a team that tries to overcome conflicting interests to create mutually favorable outcome. Establishing an according spirit can be realized through sharing own underlying interests and signaling openness for creative solutions without appearing weak or naïve.

Structure of competitions like WNR allows for multi-partite negotiations. What are the challenges in such rounds and how do you overcome them?

The main challenge arising from a multi-party setting is the additional set of interests that every party adds to the table. It automatically leads to an exponential increase of complexity. The more parties taking place in a negotiation, the more important becomes the structure of the negotiation process. From my point of view, a promising strategy is to be the party that provides the negotiation process with the needed structure by becoming a facilitator.

Being the facilitator of a complex negotiation process is difficult and requires experience, courage and strong interpersonal skills. Nevertheless, it is a strong source of power since it helps the negotiator to get perceived as an ally and sometimes as an advisor by other parties. The presence of a facilitator can substantially change the dynamics of the entire negotiation and prevent excessive and chaotic discussions, coalition building and entrenchment.

Do you wish to peruse a career in negotiation?

It is my dream to create an impact using the skills I learned in my negotiation program and the insights I derived from experiences like the WNR. The specific framework of that endeavor is thereby not clear yet. It would be great to raise more attention to the importance of negotiation skills for a better togetherness in a world that becomes smaller every day.

The post Mr. Sebastian Schäfer – On Preparing for Negotiations & Negotiation Competitions appeared first on Mapping ADR .

The ICC Mediation Competition is the world’s most coveted moot centered on international commercial mediation. The 13th edition of the competition was held in Paris from 2nd – 7th February, 2018. The University of New South Wales, Sydney (“NSW”) emerged as the winner of the competition, securing a victory against Saint Joseph University of Beirut. We interview Jack Rathie, a member of the team representing NSW.

Jack Rathie is a fifth year Bachelor of Commerce and Law Student at NSW. He has competed in numerous mediation and negotiation competitions, recently winning the 2018 ICC Paris Mediation Competition. He is interested in how technology, communication, marketing and the law intersect.

How was your experience at Paris?

Incredible! ICC Paris is a competition that brings together some of the best universities from around the world and it was a wild ride. I had a wonderful time competing and eating mountains of French cheese with my team!

What were the specific challenges that you faced during your preparation and how were they different from the ones at the actual negotiation round?

Our preparation was about building repertoire so we had the tools and experience to deal with any situation thrown at us in competition. This meant practicing against different styles and experiencing as many different situations as possible. I found this quite difficult during the process because it didn’t feel like I was getting any better during preparation, but after a while it you start to feel comfortable in the unknown or in new situations.

You can never predict what will happen in competition or in a negotiation, there are too many unknown variables – so there was no point trying to. Personality, the other side’s confidential information, their strategy and their teamwork are all unknowns that you can’t control. In competition, the challenge was staying present and, in the moment, so we were able to choose the right tool for the right moment.

Choosing your partner is indeed an important decision. How did you start and how did you form a team dynamic and use the synergy to your benefit?

Our team had four members and we are all very close friends – even before the competition and training started. A great team is one built on trust and understanding one another, and from very early on we were able to build that dynamic because we knew each other personally. We always made sure to hang out or go for dinner after training or a competition round in Paris. We knew each other so well that we could tell when to support or step in and save one another without asking – Nadhirah (his teammate) has saved me so many times I’ve lost count!

There are various ways of negotiating. Every team, in fact every individual has a different style of approaching a negotiation. Please tell us something about your approach. Do you think it gives you an edge over other teams?

Our style is simple: we try to do the right things for the right reasons. We will always try to be as open and honest as possible because interest-based negotiation is all about creating value at the table. You can’t do that if you are not willing to share information. We own our weaknesses and make sure that we turn them into points of strength.

We understand that forums like ICC gives you an opportunity to negotiate with a diverse set of people. How do you reconcile the cultural differences?

With 65 other teams from 32 countries, the Paris competition is a celebration of different cultures. I don’t think there is one right way of managing cultural differences, but the starting point to recognizing that they exist. From there, it is about being open minded and aware that communication can be interpreted differently, and meaning is something that depends not only on culture but also the individual. It’s something that I am continually learning, and I don’t think I’ll ever stop.

Do you plan to pursue a career in the field of negotiation/mediation? How do you think it is perceived in the professional space?

I think that whatever I decide to do, negotiation will definitely be a part of it. Being able to negotiate is an important skill, not only for lawyers and business people but in every day life. It is a skill that is recognized and valued by professionals because it shows that you are an excellent communicator and that you can look past the surface of problems and disputes to the real reasons and interests at play.

What according to you is the best way of strategically utilizing the mediator?

This is a tough question! I don’t think there is one best way – it is all situation specific. As a rule of thumb, remember that the mediator is there to help you – they have a wealth of knowledge and experience that can be a useful resource. Don’t forget that you can ask them for advice! When you are having a difficult time or are uncertain in the mediation, call a caucus and explain what you are trying to do. They are there to help you, but you have to give them the chance.

Quite a few people think that extensive reading and academic engagement is important for a better understanding of the issues at hand. What do you think about it? Did you review any particular articles or books that helped you with your preparation?

Understanding the theory is important because it helps you understand why you should do something. Required reading for our team was Fisher and Ury’s book Getting to Yes – it’s a great text for understanding the principles of interest-based negotiation. With that being said, negotiation is a practical skill and there is only so much you can learn from reading – the best way to learn is by doing.

What does it take to win? What are your suggestions for those participating in such competitions for the first time?

Prepare and train so that you don’t have to think about it when you need to perform. Prepare so that you can be present and in the moment. Listen to what they are saying, not to what you expect them to say. Try to respond rather than react to what is being said.

Being present and in the moment also means realizing that you may be in a new environment or a new country, with many interesting and talented people who share similar interests – so don’t forget to have some fun and enjoy it!

The post Mr. Jack Rathie: On the 2018 ICC Paris Mediation Competition appeared first on Mapping ADR .

The team consisting of Nikita Garg, Kshitij Sharma, Saarthak Jain, and Aman Vasavada were victorious at the IBA-VIAC CDRC VIENNA Mediation and Negotiation Competition, 2018. They represented the National Law School of India University, Bangalore and were coached by Jake Adams. Saarthak Jain in this interview shares with us his experience of participating in this competition and gives useful tips to the future participants.

How was Vienna?

Amazing! Vienna’s a beautiful city and so is the University of Vienna, where the CDRC rounds were held. And July is the best time to be in Europe. The competition was also extremely fun and very well-organized. So on the whole, it was a great experience for all of us!

How long in advance did your team start preparing for the competition? What did you focus on most?

To be honest, we didn’t have much time to prepare due to our end term examinations and mandatory internships. However, we did discuss the problem thoroughly and practiced through a couple of mock mediation sessions right before leaving for the competition.

Our primary focus was on understanding the factual background of the dispute, and identifying the underlying interests and needs of both the parties. We also anticipated the story that we will focus upon in our opening statements, although this would require modifications based on the confidential information.

CDRC uses a moot problem (Vis-moot) as a general information for all its rounds. We understand that these problems could be fairly long and difficult to decipher. How did you deal with the available material?

Although the Vis-moot problem constitutes the general set of facts, one doesn’t need to go into the intricacies of the problem and the legal issues contained therein. The only relevant portion for the purpose of mediation are the facts giving rise to the business dispute, and nothing more. So for instance, the 2018 Vis problem had an issue concerning arbitrator’s bias which was wholly irrelevant from the point of view of mediation.

Hence, it’s important for participants to read the problem in detail and identify the facts which are material for the mediation session. The four of us sat together and traversed the entire problem, identifying and taking note of the particular facts which could be useful from either side.

Some of the rounds involve discussion on legal issues or procedures that the parties might use when they proceed for arbitration. It is difficult to involve interest-based negotiation strategies in such rounds. How did you approach them?

Yes, such rounds are especially hard to navigate since you don’t know what to expect from the other side. In such rounds, it’s important to keep in mind that the discussion over the legal issue/procedure would not solely lead you to a mediated settlement. There is always an underlying interest/need which has to be addressed for the mediation to succeed. Once that is dealt with, the legal issue can be effectively addressed as well.

As per the format of the competition, a student mediator facilitates every session. Since, the mediators are also competing against each other they might want to interject more often or play an active part in the mediation. Do you think it’s useful if the mediator intervenes? Or would you prefer a passive mediator?

This is a very important issue that you’ve identified. I’ve witnessed and been a part of several mediation rounds that have been a failure due to the mediator’s fault more than anything else. The mediator’s role is to facilitate the process, and not to disrupt the flow. Therefore, it’s crucial that she/he gauges the session’s progress before deciding to intervene. When a session is progressing well and the parties are on the same page, a mediator should keep his/her intervention to the bare minimum. In contrast, a mediator needs to be pro-active when there is a deadlock so as to steer the mediation on the right track.

Most importantly, mediators need to realize that they are not marked based on the amount of time that they speak for. Instead, the expert assessors focus on the quality of the mediator’s intervention and whether it serves a purpose in the mediation.

What would you recommend to the students applying for the upcoming editions of the competition?

I’d recommend all future participants to be meticulously aware of the background facts of the problem before the competition begins. Further, one must be aware of the parameters on which the judging will be based. Thus, you must have a good look at the scoresheet and devise strategies to score well on all those counts.

During the session, you need to be extremely attentive and actively listen to the other parties/mediator. Another thing to keep in mind is the possibility of cross-cultural differences and effectively managing this aspect becomes crucial in such rounds. Ultimately, being present and in the moment will determine your success in the session and the competition.

The post Mr. Saarthak Jain (NLSIU) – On the IBA-VIAC CDRC VIENNA Mediation & Negotiation Competition 2018 appeared first on Mapping ADR .