Wednesday, February 17, 2010

Hi, my name is Mock Mediator and I'll be "Mooting and Vetting the Competition Problems" for you this evening.

So I'm volunteering as a mock mediator for some classmates who are in the ABA's Representation in Mediation competition. It's kind of a fascinating competition. The idea is to judge who can best negotiate and collaborate while advocating for their clients. Students compete in teams of two - alternating between the role of client and attorney. In each round they are given a scenario with both general and confidential information. Both parties have eto produce a "representation plan" prior to each round, outlining their strategies for the mediation. All parties get the same general mediation, as does the mediator (who will be me in this case). After 75 minutes, the parties break for ten minutes to discuss how they did and then another ten minute "self-analysis" session with the judges who have been watching during which they address what problem-solving strategies they used well, where they experienced difficulties, and how well did the outcome advance the client's interests. Judges can't give feedback during this time, although they can ask questions.

There are two teams from UW going to the regional finals in Oregon this coming March (which is perfect, because it means all four can practice together a lot!) and they've been running through practice scenarios with their coach, my teacher, since January at about a one-scenario-a-week rate.

I love that collaboration is now a competition, by the way. Rah rah law school. Mediation is a Win-Win Situation, it's just that sometimes one party gets to win-win and the other party doesn't make it to the semi-finals. Considering part of my draw to ADA is the fact that my conflict inventory describes me as about the *least* competitive person and *most* collaborative person in the world, this may be the closest I get to any of these law school competitions in my entire career. Too bad you can't list "mooting and vetting" (yeah, that's from the official rules somewhere) on a resume!

Anyways, it will definitely be kind of a strange experience for me. On the one hand, I'm not really being personally evaluated, which would ordinarily be the case in a mock (and a real mediation, really). On the other, it's my first experience - mock or otherwise - dealing with "represented parties" AND it's a parenting plan/child-support scenario, a type of mediation that usually requires a separate family law training altogether. It's a little different in that I'm not allowed to ask for caucuses (where the mediator speaks to one party at a time), as each party is only entitled to one and must affirmatively request it. This is a little different than the average attorney-involved mediation, which can sometimes be entirely caucused in what we like to call "shuttle style" mediation. Also, although I'm supposed to give an opening statement (that's got to get old for competitors to hear), it can only be 5 minutes. Quelle strange.

Earlier today I did my presentation on my placebo/informed consent paper in my healthlaw class. I was actually surprised that the other students didn't have more feedback for me, although I definitely ran over a bit and the issue was provocative enough that people just kind of wanted to talk theoretical stuff in general. Still, usually they've been pretty un-shy about delving into the "this word on page twenty annoys me, change it" and "I wish you'd addressed this more." The most paper-oriented comment I got was a general approval of the name A Spoon Full of Sugar Makes the Medicine, and my used of pictures in my power point. I think one student - and he may have been the only one who actually read the paper - found it very interesting and pointed out in private that I had misspelled the name of one of the placebo medications on the market today.

This means one of a few things: 1. I am that thorough and amazing 2. I am that confusing 3. (most likely) it is that far in the quarter and the initial zest for the symposium process is waning as students start to panic about their own work. I do know my seminar neighbor was working on a take home exam for most of our class, for instance.

I will note for the record that out of the 100% of presenters thus far who have used powerpoint, I am the only person who has used any images - and I used a lot of them. I think I had a comic or a picture on every page. I also used a lot of color - aquas and blacks and blues and ... well no pinks this time, but just wait. Power point is just a little too exciting for me. I had no idea you could make lectures so pretty!! Up next are sparkly unicorns and fairy princesses negligently performing a vaginal delivery of the distressed fetus who is bradycardic, hypoxic, acidotic and has an APGAR of happy-fun-fairy-land and desperately need chocolate cookies to prevent brain damage! I am so made for the jury trial.

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