How to make an Opening Statement - Tutorial - NLIU ADRC
Summary
TLDRLoretta Karev, convener of the ADRC at the National Law Institute University, introduces a new initiative: a YouTube tutorial series on mediation. The series is divided into five parts, covering the roles of clients and counsel, opening statements, and demeanor during mediation. The goal is to educate law students and others on the nuances of mediation as a dispute resolution method. The first tutorial focuses on the importance of a strong opening statement, the division of roles, and subtle communication between client and counsel.
Takeaways
- đïž The National Law Institute University houses the oldest Alternative Dispute Resolution (ADR) cell in the country, known for organizing significant events like the NLRA Wine Area International Law School Mediation Tournament.
- đ ADR Cell is introducing a new initiative to provide tutorials on mediation, accessible via a YouTube channel, aimed at educating anyone interested in learning about mediation.
- đ The tutorials are divided into five parts: opening statements of the client and counsel, the conference session, the caucus, and closing statements.
- đ€ The opening statement of the counsel should introduce the client, outline the counsel's role, and emphasize the client's authority to make decisions during mediation.
- đĄ The counsel should focus on the legal technicalities and calculations, while the client should discuss the factual aspects of the problem.
- đ€« Communication between the client and counsel should be subtle and not apparent to the mediator or the opposing party.
- đ The client's opening statement should summarize the problem, highlight the issues faced, and indicate the desired outcome of the mediation.
- đ The demeanor of both the client and counsel is crucial; they should appear engaged, listen actively, and dress appropriately for their roles.
- đ Counsel should take notes during the session to demonstrate attentiveness and understanding of the proceedings.
- đ„ The client should express emotions relevant to the problem but should not overact to the extent that it detracts from the mediation process.
Q & A
What is the significance of the National Law Institute University's ADRC?
-The ADRC of the National Law Institute University is significant as it is the oldest alternative dispute resolution cell in the country and hosts the NLRA wine area international law school mediation tournament, which is the largest and oldest mediation tournament in the country.
What new initiative is the ADRC trying to incorporate?
-The ADRC is trying to incorporate tutorials on mediation which will be available on a YouTube channel for anyone interested in learning about mediation.
How are the tutorials divided for systematic learning?
-The tutorials are divided into five parts: the opening statement of the client and counsel, the mediator's opening statement, the conference session, the caucus, and the closing statements.
What is the primary goal of these tutorial videos?
-The primary goal of these tutorial videos is to introduce law students or any interested individuals to the abilities and intricacies of a mediation session and to promote mediation as a dispute resolution process.
Why is a strong and informative opening statement important in mediation?
-A strong and informative opening statement is important because, from a competition standpoint, it carries a lot of marks and is beneficial for anyone starting mediation to establish a clear and persuasive stance.
What is the division of responsibilities between the client and the counsel during mediation?
-The counsel deals with the technicalities of the problem, including legal aspects and calculations, while the client deals with the factual matrix of the problem.
Why is it important for the client and counsel not to interrupt each other during mediation?
-Not interrupting each other is important to show good team coordination and to maintain the chemistry between the client and counsel, which is often observed by judges.
How should the client and counsel communicate during mediation?
-The client and counsel should communicate subtly, without the other party or judges being aware, possibly using hand gestures or pre-arranged signals to convey messages like 'start', 'stop', 'take over', or 'new proposal'.
What should the counsel's opening statement include?
-The counsel's opening statement should include an introduction of the client, a clarification of the counsel's role focusing on legal technicalities, and an advisory capacity, emphasizing that the client has the authority to make decisions.
How should the client's opening statement be structured?
-The client's opening statement should be a summary of the problem, highlighting the issues faced, the client's position, and the desired outcome, all presented from a factual and logical perspective without legal jargon.
What is the importance of the client's demeanor during the mediation session?
-The client's demeanor is important as it sets the tone for the session and influences the other party's approach. The client should appear engaged, interested, and should dress according to the role they are playing.
Outlines
đ Introduction to ADR and NLRA Wine Area International Law School Mediation Tournament
In the first paragraph, Loretta Karev introduces herself as the convener of the Alternative Dispute Resolution (ADR) Cell at the National Law Institute University. She highlights the pride of the institution in being the oldest ADR cell in the country and hosting the NLRA Wine Area International Law School Mediation Tournament, which is the largest and oldest of its kind. The ADRC organizes various events, including international commercial arbitration seminars, pool selections, and training for students who participate in international tournaments. A new initiative for the year is the introduction of tutorials on a YouTube channel, aimed at teaching mediation to anyone interested. The tutorials are divided into five parts: opening statements of the client and counsel, the mediator's opening statement, conference session, caucus, and closing statements. The goal is to familiarize law students with mediation as a dispute resolution process.
đ The Structure and Content of Opening Statements in Mediation
Paragraph two delves into the specifics of the opening statements in a mediation session. It begins with the division of roles between the client and counsel, emphasizing that counsel should handle the legal technicalities while the client focuses on the factual aspects of the problem. The paragraph advises against interrupting each other during the session to maintain a good team dynamic and a client-driven process. It also discusses the importance of subtle communication between the client and counsel without alerting the other party or the judges. The paragraph then outlines the structure of the counsel's opening statement, which should include an introduction of the client, a clarification of the counsel's role, and a focus on the general facts of the problem without delving into intricate details. The client's opening statement should summarize the problem, highlight the client's issues, and indicate the desired outcome of the mediation session. The paragraph also touches on the importance of role-playing and setting the tone for the mediation session through the opening statement.
đ General Demeanor and Etiquette in Mediation Sessions
The final paragraph discusses the expected demeanor and etiquette for both the client and counsel during mediation sessions. It emphasizes the importance of maintaining a professional appearance, taking notes to show engagement, and dressing appropriately according to the roles being played. The paragraph advises participants to sit straight, show interest, and nod to demonstrate active listening. It also stresses the importance of the counsel taking notes to demonstrate understanding and attentiveness. The paragraph concludes with a reminder to dress formally, with the counsel in full formals and the client dressed according to their role, to reflect the seriousness of the occasion and the role they are playing.
Mindmap
Keywords
đĄAlternative Dispute Resolution (ADR)
đĄMediation
đĄOpening Statement
đĄClient
đĄCounsel
đĄMediator
đĄTutorials
đĄRole Division
đĄCommunication
đĄDemeanor
đĄCompetitions
Highlights
Introduction to the National Law Institute University's Alternative Dispute Resolution Cell (ADRC) and its flagship tournament, the NLRA Wine Area International Law School Mediation Tournament.
The ADRC's history as the oldest ADR cell in the country and its role in organizing various events and trainings.
New initiative to introduce tutorials on mediation available on a YouTube channel for anyone interested in learning about mediation.
Tutorial videos are divided into five parts: opening statements of client and council, mediator's opening statement, conference session, caucus, and closing statements.
The aim of tutorials is to introduce law students and others to the abilities and intricacies of a mediation session.
The importance of a strong and informative opening statement in mediation competitions.
Division of responsibilities between the client and the council, with the council handling technicalities and the client handling factual aspects.
The importance of non-verbal communication between the client and the council during mediation.
The council's opening statement should introduce the client, outline the council's role, and emphasize the client's decision-making authority.
The client's opening statement should summarize the problem, highlight the issues, and set the tone for the mediation session.
The client should play the role assigned to them in the problem, focusing on general rationale and logic rather than legal technicalities.
The client's opening statement should also set the tone for flexibility and positional standing in the mediation session.
General demeanor expected from the client and council during the session, including sitting straight, showing interest, and proper attire.
The council should take notes during the session to show understanding and active listening.
The client's attire should match the role they are playing in the mediation session.
Transcripts
hi my name is - Loretta Karev lamda
convener of the alternative dispute
resolution cell of the National Law
Institute University we take pride in
being the oldest alternative dispute
resolution cell in the country and
furthermore flagship tournament which is
the NLRA wine area international law
school mediation tournament happens to
be the largest and the oldest mediation
tournament in the country the ADRC has
been organizing various events
throughout the earth in the National Law
Institute University which range from
international commercial arbitration
seminars to pool selections to providing
training to all students who go abroad
participating in these tournaments now
one of the new initiatives we're trying
to incorporate this year is to introduce
these tutorials which shall be available
on a YouTube channel
and will be accessible to anyone who is
interested in learning about mediation
or to keep it systematic we have tried
to divide the tutorials into five parts
the first part will be dealing with the
opening statement of the client of the
council the second part will deal with
the mediators opening statement the
third part will deal with the conference
session and the fourth with the caucus
and the last one with the closing
statements now these tutorial videos are
aimed at introducing any law student or
any student otherwise to mute abilities
and the intricacies of a mediation
session and it is for furthering
mediation as a dispute resolution
process throughout the law students we
have taken up this initiative to further
a mediation as an option of alternative
dispute resolution among various law
students I hope you like our initiative
and it helps you learn more about
mediation
so the first tutorial shall be dealing
with the role of the client in the
console and to be more specific the
opening statement of the client and
counsel now I would like to specify at
the very onset that down
strictly speaking from the point of view
of the competitions are the opening
statement of the client and the counsel
carry a lot of marks so it will be very
beneficial for anyone in the law school
starting mediation to have a very strong
and informative opening statement now
this tutorial I have divided it into
four parts for the sake of convenience
firstly I will be talking about the role
division between the client and the
counsel the second bit I will be
speaking strictly about the council's
opening statement the third bit will
deal with the clients opening statement
and the fourth bit will deal with the
general demeanor of the client and the
council as part of the policies now
starting with the first leg which is
generally the division of
responsibilities between the client and
the council now the key rule is that the
council deals with all the
technicalities of the problems and
whereas the client deals with the
factual matrix of the problem now this
rule has to be adhered to
throughout the mediation session because
the judges might be looking for and
since it is assumed that the clients do
not know a lot of legal technicalities
or probably will not be knowing a lot of
numbers it should come from from the
council instead of the client now the
second thing is that you should not
interrupt each other now mediation
sessions generally have this form these
extra marks for the chemistry between
the client and the council which can be
seen in the way they communicate so if
let's say for example I am the counsel
and I keep on interrupting and including
my client it shows really bad on my part
because firstly mediation is a client
driven process rather than a counsel
driven process and secondly our team
doesn't have coordination so whenever
you feel that your partner is going
off-track the best way out of it is to
seek a minute out of the mediation
session which can be easily done by
saying our mr. mediator at this point of
time I would like to consult with my
client and whenever you consult with
and it shouldn't be in whispers you need
to speak it aloud and you just need to
point out to your partner that this is
probably somewhere that you're going
wrong now having said that I would like
to go into the communication between the
client and the counsel so this
communication has to be very very very
subtle it cannot be very flashy the
other party should not come to know of
the communication and neither should the
judges
therefore it is preferable that there
should be some sort of hand gestures or
probably a simple plane seat in the
middle of the two participants saying
start stop take over all or probably a
new proposal so this is a good technique
for both the client and the council to
communicate without speaking out loud
and I think having pointed this out this
is the division of responsibilities
between the client and the counsel so
again I would just like to highlight the
golden rule of division of
responsibilities the council deals with
the technicalities whereas the client
with the facts and I think with this we
are done with the division of
responsibilities and we shall move on
with the council's opening statement
all nominees begin with utter contempt
Orion witches are dealing with the
council's opening statement now in a
mediation session a council introduces a
servant line now for the introduction of
the client you need to tell this woman
name and also what he or she does and by
is he or she ever in the Mideast on
reduce memory now the second part in the
opening statement which is a very
essential part would be to point out
what the council's role is during the
booth mediation session now the troll
covers parts like become the council has
to point out that he shall be dealing
with the technicalities that is the law
involved in the problem and probably if
any calculations are running numbers pop
up during the session the second thing
and the most essential part that gets to
point out is that the council is present
in the mediation session merely in an
advisory capacity and the power to take
decisions rest with his own upline and
his or her client has the has full
authority to settle in the mediation
session these are the two important
things that the council must point out
during is what makes table also a very
important pointer can be that long
should not be used in the mediation
session this is a general rule which has
been pointed over and over again by
different mediators and timing again but
at the same time with the law has been
pointed out in the problem in the
general information itself such law can
be used to strengthen your stand but not
the only there is a very thin line
difference between overusing law and
therefore it should be used but very
strictly and in a provocative fashion
now once such opening segment is done
you need to set the focus towards it
light and how you do it is very pointed
out to the general facts of the problem
and not getting into the intricate
details of the problem which and you can
always go on to your client and say that
I think it is my client who is in the
best position right now to explain what
he or she is going
and what are the ground realities in the
problem and this is how you shake the
focus to roads outline and then let you
climb over and let him or her explain
the problem at length
now starting with the third part of our
tutorial which is the clients opening
statement now as I have already
mentioned earlier that the client deals
with the factual matrix of the problem
the opening statement of the client
shall be a summary of the whole problem
a summary presented in a manner which
points out to the issues that the client
has the problems that he has been facing
and lastly what solutions or what
position does he look to be at after the
end of this session now it is very
important for the client to play the
facts according to how he wants the
situation to be and to point out to the
strengths of his problem in the opening
statement now as we know that the client
is unaware of any law this is the
general presumption that is followed
therefore what he shall be speaking
shall be out of a general rationale and
about and out of the general logic think
because this in general life life would
be right or just in general life would
be wrong without pointing out to any law
and therefore it is very important for
the client to play the role assigned to
him in the problem now when we talk
about role-playing there is a very thin
line difference between enacting a role
and between let's say over an acting
role now a client where a baron is
expected to be expressing the emotions
that is that are undergoing all the
whole problem he should prohibit from
enacting the emotions too much or to an
extent that dissipates the whole process
or takes the focus out of the process
out of the mediation session which is
the flexibility and arriving at a mutual
consensus out of the whole session and
apart from that the second most
important thing that the clients opening
statement must contain is to set the
tone of the whole mediation session now
it has been generally agreed that the
mediation is a flexible process and it
is successful only when both the parties
are flexible but we do understand that
there are certain facts and certain
issues with respect to which both the
parties have to take a positional
standing and this is something a client
is supposed to point out at the very
onset in his opening statement that so
while we agree that we might
be flexible enough to let go of one let
go of thing a but the subject be is
something that we are not willing to
compromise on at all now these are the
things that set the tone of the
mediation session and will also give a
cue to the other party as to make
proposals according to what position you
have already taken in your opening
statement now after this is being done
the client should pass the focus to the
counsel again
who shall their own set up for the
agendas and the issues that need to be
discussed in the mediation session
let us start with the last part of this
tutorial which is the general demeanor
that a client and counsel are expected
to have during the whole session and at
least in the opening statements now I
just point out the important things in
short first sit straight look interested
keep whenever the focus shifts to your
fellow participant keep interest if you
just be interested in the round and keep
nodding so that the clients the other
party and the mediators understand that
you are listening and you are in the
process and also one of the pointers is
and this is the most effective pointer I
can give you right now that the counsel
must take notes during the session what
this shows is that the counsel is
understanding what the other party is
proposing and he's in the loop he's
understanding and listening to whatever
is being said now apart from this of the
last pointer which I would have to give
is that dressed properly dressed
according to the occasion
now let's say the council shall always
be in full formals though he may be
later as in the mediation session by the
mediator who take off his tie or just
feel comfortable but he should be in
full for obvious whereas the client
should be dressed according to the role
he's playing let's say he's a partner he
is not required to wear a suit but at
the same time it is playing a business
tycoon he is required to be in his
formless that is the general demeanor or
the general clothing that such a person
would wear in his general life and I
think with this we have done better
opening statement of the client and
counsel and I hope it comes
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