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.