How to make an Opening Statement - Tutorial - NLIU ADRC

Summary

Loretta 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

• 🏛️ 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.
• 📈 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.
• 📚 The tutorials are divided into five parts: opening statements of the client and counsel, the conference session, the caucus, and closing statements.
• 🤝 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.
• 💡 The counsel should focus on the legal technicalities and calculations, while the client should discuss the factual aspects of the problem.
• 🤫 Communication between the client and counsel should be subtle and not apparent to the mediator or the opposing party.
• 📝 The client's opening statement should summarize the problem, highlight the issues faced, and indicate the desired outcome of the mediation.
• 👔 The demeanor of both the client and counsel is crucial; they should appear engaged, listen actively, and dress appropriately for their roles.
• 📋 Counsel should take notes during the session to demonstrate attentiveness and understanding of the proceedings.
• 👥 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

00:00

🏛 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.

05:01

📜 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.

10:03

👔 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.

Keywords

💡Alternative Dispute Resolution (ADR)

Alternative Dispute Resolution refers to a range of processes and techniques used to resolve disputes outside of the traditional court system. In the context of the video, ADR is the main theme as the speaker, Loretta Karev, convener of the ADR cell at the National Law Institute University, discusses the importance of mediation as an ADR method. The video aims to educate on the nuances of mediation, which is a form of ADR.

💡Mediation

Mediation is a form of ADR where a neutral third party, the mediator, assists disputing parties in resolving conflict through communication and negotiation. The video focuses on the process of mediation, particularly the roles and behaviors expected of the client and counsel during a mediation session, as highlighted by the speaker's discussion on the opening statements and demeanor.

💡Opening Statement

An opening statement in mediation is the initial presentation made by each party to set the stage for the discussion. The video script emphasizes the importance of a strong and informative opening statement, particularly for law students participating in mediation competitions, as it carries significant weight in the evaluation process.

💡Client

In the context of mediation, the client is the party involved in the dispute who is seeking resolution. The video script discusses the role of the client, including the division of responsibilities between the client and counsel, where the client is expected to focus on the factual aspects of the dispute rather than legal technicalities.

💡Counsel

Counsel in mediation refers to the legal representative of the client. The script outlines the counsel's role, which includes dealing with the legal technicalities of the dispute and providing advice to the client. The counsel's opening statement is crucial for setting the tone and direction of the mediation.

💡Mediator

A mediator is the neutral third party who facilitates communication and negotiation between the disputing parties. Although not explicitly defined in the script, the role of the mediator is implied throughout the video as the person who oversees the mediation process and ensures that it proceeds smoothly.

💡Tutorials

Tutorials, as mentioned in the script, are educational resources designed to teach specific skills or knowledge. The speaker introduces a new initiative to provide tutorials on mediation, which will be available on YouTube, aiming to make learning about mediation accessible to a wider audience.

💡Role Division

Role division refers to the allocation of specific tasks or responsibilities among different participants in a process. In the video, the speaker discusses the division of responsibilities between the client and counsel, emphasizing that the counsel should handle the legal aspects while the client focuses on the facts of the case.

💡Communication

Effective communication is essential in mediation to facilitate understanding and agreement. The script highlights the importance of subtle, non-verbal communication between the client and counsel to coordinate their approach without revealing their strategy to the other party or the mediator.

💡Demeanor

Demeanor refers to the way a person behaves or carries themselves, especially in a professional setting. The video script provides guidance on the expected demeanor of both the client and counsel during a mediation session, including maintaining a professional appearance and demonstrating active listening.

💡Competitions

Competitions in the context of the video refer to mock mediation sessions or tournaments where law students practice and demonstrate their mediation skills. The speaker mentions that the opening statements of the client and counsel carry significant marks in these competitions, emphasizing the importance of a well-prepared and impactful statement.

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