Russian State University
of Justice

Mediation guidelines

1. Mediation is an independent and mandatory part of the Oral Round which commences after the teams' performance in the litigation.

2. In the Qualifying gound, mediation is conducted after the teams have performed in the litigation on the side of both the Claimant and the Respondent.

3. In the Quarter-finals, Semi-finals and Finale, mediation is held immediately after the teams’ performance in the litigation.

4. In order to conduct mediation in the Qualifying Round, the teams independently determine the members for participation as a party in the mediation during the Registration stage.

5. To conduct mediation in the Quarter-Finals, Semi-finals and Finale of the competition in mediation, the same members of the Competing teams who took part in the litigation should be participating. Replacement of competitors from the Competing team after the litigation for mediation is not allowed.

6. Teams performing in mediation allot themselves to the roles of the party initiating the mediation procedure and the party that accepted the invitation to mediation.

7. In the Qualifying Round, the allocation of teams is done by casting of lots.

8. In the Quarter-Finals, Semi-finals and Finale, the team representing the Respondent's party in the litigation is the party initiating the mediation (Requesting party). The Competing team representing the party to the Claimant in the litigation is the parties that accepted the invitation to mediation (Responding party).

9. The role of the mediator is performed by the mediator of the third Competing team.

10. To prepare for mediation, teams are given Confidential Information of the competition task, containing information that relates only to one of the parties to the dispute and which cannot be known to the opposing party. The disclosure of Confidential Information to third parties, including disclosure by technical means and the Internet, is not allowed.

11. To conduct mediation in the Qualifying Round Confidential information is given after the appearance of the team in the litigation, both as the Claimant and as the Respondent, 40 minutes prior to the commencement of the mediation.

12. In the Quarter-finals, the Semi-Final and Finale, confidential information is given 40 minutes prior to the commencement of the oral round.

13. Preparation for mediation is carried out in the conditions of confidentiality of competing teams. Time for preparation cannot be less than 40 minutes.

14. During preparation, other team members, with the exception of a mediator, coaches and/or academic advisors are entitled to assist the Competitive team. After the completion of preparation, no assistance from other members of the team, coaches and/or academic advisors to the competing teams is allowed.

15. During the mediation, the members of the competing team perform the roles of the Client and their Lawyer. The allocation of roles for the Client and their Lawyer is carried out by the Competitive Team independently.

16. The Client is negotiating from the position of business. The Lawyer of the client provides legal support for the negotiations.

17. The competition provides for a classical mediation model based on integrative (principled) interest-based negotiations.

In mediation, the mediator serves to assist the parties in developing a mutually acceptable agreement without the right to provide advice and recommendations on possible ways of settling the dispute.

 In particular, the mediator:

17.1. Manages the negotiation process and supports its constructive nature;

17.2. Gives each party equal opportunities to express their opinion on the dispute, participate in the formation of the agenda of negotiations, as well as in the development, evaluation and discussion of options for resolving the dispute;

17.3. Ensures mutual understanding and effective communication of the parties;

17.4. Ensures the implementation of the principles of integrative negotiations;

17.5. Reduces the level of emotional tension in the discussion, creates an enabling environment for negotiations and controls the culture of negotiation;

17.6. Rrovides other assistance to the parties in promoting negotiations and settling the dispute.

18. The total duration of mediation is 60 minutes and involves the following stages:

18.1. Opening of the mediation (opening speech of mediator)

18.2. Parties' opening statement

18.3. Information gathering and setting the agenda

18.4. Generation and evaluation of options

18.5. Development and settlement of the agreement

18.6. Closure of the mediation.

19. Opening of the mediation (opening speech of mediator) is a brief speech of the mediator aimed at normalizing the procedure and creating favourable conditions for conducting negotiations.

The content of the opening speech is determined by the mediator independently. As a rule, during the introductory speech, the mediator gets acquainted with the parties to the dispute, clarifies the scope of their powers to resolve the dispute, explains the advantages of mediation, the tasks, goals and principles of mediation, its role in it, the rights and obligations of the parties, the procedure for the procedure.

The recommended duration of the introductory word is no more than 7 minutes.

20. At the stage of the Parties' opening statement, the team members state the circumstances of the case, give them an assessment, including legal qualification, designate their goals and interests in mediation. As a rule, the party initiating mediation starts the speech, however, mediation participants can agree on a different sequence of statements.

Taking into account that within the framework of the Competition a model of mediation integrated into the judicial process is realized, and also taking into account the limited time for mediation, the repeated unfolding of the legal position by the parties is not required. In setting out their vision of the dispute, the parties must take into account what was said earlier during the litigation, as well as the purposes of mediation.

21. At the stage of Gathering information and setting the agenda of negotiations, the parties, with the assistance of the mediator, find out the information necessary for the negotiation, determine the subject of negotiations and formulate a range of controversial issues that need to be considered and discussed.

22. At the stage of Generation and evaluation of options, the parties, with the assistance of the mediator, search for ways to overcome the conflict and settle the dispute.

23. At the stage of Development and settlement of the agreement, the parties, with the assistance of the mediator, agree on the most acceptable conditions for the settlement of the dispute and consolidate the agreements reached in the form of an oral agreement.

24. At the stage of Closure of the mediation, the mediator summarizes the results of mediation. The content of the final speech is determined by the mediator independently, depending on the content of the procedure performed.

The recommended duration of the final speech of the mediator is no more than 3 minutes.

25. Within the framework of mediation, the individual work of the mediator with each of the parties (caucus) can be performed, as well as the individual work of the mediator only with Clients or only with Lawyers of Clients (cross-caucus).

26. Individual work (caucus and cross- caucus) is conducted in order to overcome obstacles and create conditions for productive interaction of the parties in the negotiations and is an optional stage of mediation.

27. Mediation participants should endeavour to spend as much time as possible on the common sides of the negotiations. The use of a caucus or cross-caucus should be timely and justified. The judges equally appreciate the appropriate use of the caucus or cross-caucus, as well as the justified non-use of the caucus or cross-caucus.

28. As a rule, the parties use caucus or cross-caucus in order to obtain assistance from the mediator to advance in the negotiations, including:

28.1. To test their understanding of the key discrepancies between the parties;

28.2. To express their goals, interests and actual needs within the framework of negotiations and obtain advice on how and at what time this information can be disclosed to the opposing party;

28.3. To disclose confidential information and obtain advice on how it can be used during negotiations;

28.4. To get advice on how and at what time it will be most productive to make a proposal.

28.5. The mediator can use caucus or cross-caucus for the following purposes:

28.5.1. To ascertain or clarify the interests of the parties and their objectives in mediation, assist in the understanding of the parties' interests, priorities and objectives;

28.5.2. To discuss alternatives and the consequences of disruption of negotiations;

28.5.3. To identify obstacles to progress in negotiations, including for the identification of confidential information;

28.5.4. To relieve the emotional tension and prepare the parties to continue constructive dialogue.

29. Individual work can be conducted both on the initiative of the parties and on the initiative of the mediator.

30. Each party has the right to initiate only one caucus and one cross-caucus.

31. The mediator has the right to initiate one caucus from each side, one cross-caucus with the Clients and one cross-caucus with Lawyers.

32. The time of individual work is 5 minutes.

33. At the time of the caucus, the opposing Competing team leaves the audience.

34. At the time of cross-caucus with the Clients, their Lawyers leave the audience. For the time of cross-caucus with Lawyers, Clients leave the audience.

35. The staging of mediation is determined independently by the mediator, taking into account the characteristics of the dispute, the behaviour of the parties in mediation, the requirements of rationality and effectiveness, with assistance in resolving the dispute.

36. Passage of all stages of mediation and conclusion of an agreement on the results of mediation is not mandatory. Judges assess the progress achieved by the parties in the negotiations, the mediator's assistance in achieving this progress, as well as the level of skill of the competing teams in using mediation techniques and tools to resolve the dispute.

37. During the mediation, each of the Competing teams has the right to take one break. The break time is 3 minutes. During the break, all teams leave the audience.

38. During caucuses, cross-caucuses and breaks, the coaches and/or academic advisors of the Competing teams, as well as other members of the Competing teams, must remain in the audience in which the round passes.

39. Coaches and/or academic advisors of Competing Teams, as well as other participants of the Competing Teams, in case they are in the audience during the mediation in which the round passes, should take places in such a way as to exclude eye contact with members of their team.